THE 



L I F E h^ 




POLITICAL OPINIONS 



MARTIN VAN BUREN, 



VICE PRESIDENT OF THE UNITED STATES. 



BY 



WILLIAM M. HOLLAND, 



HARTFORD. 

BELKNAP & HAMERSLEY. 

1835. 



L ^^ 



Entered according to Act of Congress in the year 1835, by 
BELKNAP & HAMERSLEY, 

in the Clerk's Office of the District Court of Connecticut. 



% Tr&i>fet 

juN a »^^ 



J. HUBBARD WELLS, PRINT. 



PREFACE. 



Aside from the present relation of Mr. Van Bu- 
ren to the people of the United States, the fact of 
his having risen in times of peace, from the ordina- 
ry level of life, to the second office in the govern- 
ment, renders a view of liis principles, and of the 
incidents of his personal history, a matter of rea- 
sonable curiosity. 

The author has therefore, devoted a period of 
entire vacation from his ordinary duties, to the col- 
lection and arrangement of such materials as may 
fully exhibit the political sentiments of Mr. Van 
Buren, together with such details of his personal 
history, as may be published with a due respect for 
private feelings. In doing this, it has not been the 
design of the writer merely to contribute to the 
political elevation of any man : he has aimed, 



viii PREFACE. 

rather to display the spirit and principles of the 
republican party in this country, and to exhibit 
by the history of an individual, the nature of the 
relation which that party sustains to its public men. 
He has endeavored in this way, to throw some 
light upon the character of our institutions, and to 
illustrate, in some degree the spirit of the nation 
and the age. 

The philosophy of history is more valuable than 
its facts. Remarkable, as are the incidents in the 
life of Mr. Van Buren, they would not have at- 
tracted the particular attention of the writer if he 
had not believed, that in laying them before the 
public, an opportunity would be furnished of dis- 
cussing political principles which are of vital im- 
portance to the prosperity of our country. The 
author, therefore, has no where in the following 
pages, affected to conceal his strong political bias ; 
though he has conscientiously endeavored, never 
to be led by it, into the suppression or misrepresen- 
tation of facts. If the conclusions which the wri- 
ter has drawn from those facts, be not approved 
of by the reader, he is at liberty to form his own ; 
the means of forming them have been faithfully 
laid before him. 



PREFACE. ix 

As the author has had recourse only to sources 
of hiformation which are accessible to all, he has 
not thought it necessary to consult Mr. Van Buren 
with regard to the propriety of his undertaking. 
That gentleman, therefore is not, in any sense, re- 
sponsible for the opinions advanced in the present 
work, except such as are fairly expressed by ex- 
tracts from his own writings and speeches. 

The great obligations of the present writer to 
the Honorable Benjamin F. Butler, will be obvious 
to all who have noticed the ability and zeal, with 
which he has, on several occasions, defended the 
character of his distinguished friend. Among 
those who have kindly faciUtated the collection of 
materials for this work, the Honorable James Van- 
derpoel, of Albany, deserves the particular thanks 
of the author. 

In submitting to the public, this contribution to 
the support of democratic principles, the author 
is well aware that he shall not escape the cen- 
sure of those, who anticipate the destruction of all 
political and religious truth, by the leveling spirit 
of democracy. Without questioning the sincerity 
of their melancholy forebodings, he would adopt 
in reply, the language ascribed to an eminent 



X PREFACE. 

statesman and philosopher of the present age :* — 
" If by democracy, you understand that progress 
of industry, art, law, manners, and light, which has 
now for some centuries, been constantly increas- 
ing, I am well pleased with such democracy ; and, 
for my own part, instead of blaspheming the age 
in which I live, I feel grateful to Providence for 
having assigned my birth to an epoch, in which 
God has been pleased to call a greater number of 
his creatures than heretofore, to a participation in 
the virtues, the intelligence, and the manners, 
which had been heretofore reserved but for a few." 



* M. Roger CoUard. 



CONTENTS 



25 



33 



CHAPTER I. ^*°^- 

The parentage of Mr. Van Buren, and his educa- 
tion preparatory to the study of law, . . 13 

CHAPTER II. 

The professional education of Mr. Van Buren be- 
fore his admission to the Bar, 

CHAPTER III. 

Mr Van Buren's professional career, in Kinder- 
hook, Jrom the period of his admission to the Bar 
1 oni^^^' *^ ^^^ removal to the city of Hudson, in 

loUOj .... 

CHAPTER IV. 

Mr. Van Buren' s professional course from the time 
oj his removal to the city of Hudson, in the win- 
ter of 1808-9, until his final withdrawal from the 
Bar, in 1828, _ 59 

CHAPTER V. 

Mr. Van Buren' s first agency in political affairs. 
Is active in supporting the election of Jefferson. 
Is delegate to a county convention in his nine- 
teenth year. His first appearance as an elector. 
Supports LeiL-isfor Governor in 1804: and Tomp- 
kins in 1807. Is appointed Surrogate of Colum- 
bia County. Opposes the renewal of the charter 
of the Bank of the United States and the char- 



xii CONTENTS. 

tering of the Bank of America. Is elected a 
member of the State Senate, .... 77 

CHAPTER VI. 

Mr. Van Bur en's course in the Senate of New York 
in regard to the War and the support of Dc Witt 
Clinton for the Presidency. Supports Tompkins 
for Governor in 1813. His energetic support of 
the War, 89 

CHAPTER VII. 

Mr. Van Buren''s dejence of the Classification hill. 
Is appointed Attorney General of New York. 
Gives an efficient support of the project for the 
-Erie and Champlain Canals, . . . . Ill 

CHAPTER VIII. 

Mr. Van Buren acquiesces in the first election of De 
Witt Clinton, as Governor. Opposes his re-elec- 
tion. Is removed from the office of Attorney Gen- 
eral. Separates from Mr. Clinton and his politi- 
cal friends. His encomium upon Mr. Clinton'' s 
character at a meeting of the New York Con- 
gressional dele gat ion in Washington, . . 121 

CHAPTER IX. 

Mr. Van Buren''s support of Rufus King for Sena- 
tor of the U. S. Ilis connection with the proceed- 
ings in Albany, and in the Legislature of New 
York, in regard to the Missouri question, . 129 

CHAPTER X. 

M?\ Van Buren is elected a Senator of the United 
States. His participation in the Convention to 
amend the Constitution of New York. Speech on 
vesting veto power in the Governor. On the 
length of Governor'' s tenure of office. On prefix- 
ing a bill of rights. On the Elective franchise. 
Vole on admitting colored people to be electors. 
Speech on the appointment of Justices of the 
Peace. On the re-organization of the Supreme 
Court so as to eject the incumbents. . . 149 



CONTENTS. xiii 

CHAPTER XI. 

Mr. Va)i Buren^s course in the Senate of the United 
States. His views on the subject of Imprisonment 
for Debt, . . . . ' . . . .207 

CHAPTER XII. 

Mr. Van But^en proposes to ame^id the constitution 
of the United States so as to keep the choice of 
President and Vice President from the House of 
Representatives. Extract from his speech on 
that subject, 213 

CHAPTER XIII. 

Mr. Van Buren''s proposed amendment of the Judi- 
ciary system of the United States. His speech on 
the Judiciary system, 221 

CHAPTER XIV. 

Speech of Mr. Van Buren on the establishment of a 
uniform system of Bankruptcy. Brief remarks 
on the public lands. E.ctractsfrom his speech on 
the colonial trade, 235 

CHAPTER XV. 

Opposition of Mr. Van Buren to the Panama Mis- 
sion. Extract from one of his speeches on that 
question, 251 

CHAPTER XVI. 

Mr. Van Buren's opinions on the constitutionality 
and expediency of appropriations of money by 
the General Government for Internal Improve- 
ments, 267 

CHAPTER XVII. 

Sentiments of Mr. Van Buren with regard to pro- 
tective duties. Votes for the Tariff bill in 1824, 
and in 1828, by instrtcctions from his constitu- 
ents. Extract from his letter to the committee at 
Shocco Springs, 275 

CHAPTER XVIII. 

j\Ir. Van Buren's support of a strict construction of 
the constitution, with extracts from his speech on 
the power of the Vice President to call to order, 
for words spoken in debate, in the Senate, 281 



xiv CONTENTS. 

CHAPTER XIX. 

Pernicious effects of the sijstem of incorporated 
Banking companies in the United States. Op- 
position of Mr. Van Buren to the extension of 
this system in the state of Neio York. His oppo- 
sition to the Bank of the United States, . . 299 

CHAPTER XX. 

Mr. Van Buren''s support of the bill providing for 
the surviving officers of the Revolution. Summa- 
ry view of his sentiments on various political 
questions. His constant observance of the will 
of the people. Right and capacity of the people 
to direct the administration of the government, 311 

CHAPTER XXII. 

Mr. Van Buren is appointed Secretary of State of 
the United States. Situation of our foreign re- 
lations, especially with Great Britain. Mr. Van 
Bureii's successfid administration of the Depart- 
ment of foreign Affairs. Resigns the office of 
Secretary of State. 323 

CHAPTER XXIII. 

Mr. Van Buren is nominated minister to the Court 
of St. James. The rejection of his nomination 
by the Senate. Extract from his instructions to 
Mr. McLane. Correspondence of the republican 
members of the Legislature of New- York with 
the President, on the rejection of Mr. Van Buren, 333 

CHAPTER XXIV. 

Nomination of Mr. Van Buren to the Vice Presi- 
dency of the United States. His election to that 
office. His sentvments on the interference of the 
General Government and of the free states, with 
the question of slavery, 343 

C HAPTER XXV. 

The nomination of Mr. Van Buren to the office of 
President of the United States by a national con- 
vention. His letter accepting the nomination, 349 

CHAPTER XXVI. 
Conclusion. 355 



LIFE 



MARTIN VAN BUREN 



I. I F E 



M A R TIN VAN B l) K E N . 









r.Il AFTER I \i- no^ 

77i«^ parentage oj Mr. Van Bur en, and luslKtrcCTlXion 
preparatory to the study of law. 

Martin Van Buken, Vice-President of the 
United States, is not indebted for his eminence to 
the weahh or distinction of his family. His fa- 
ther, Abraham Van Buren, was a man of mode- 
rate estate, in the town of Kinderhook, county ot 
Columbia, and state of New-York. He was de- 
scended from one of those families, who, at an 
early period in the history of this country, emigra- 
ted from Holland and settled in the ancient town 
of Kinderhook. He is represented to have been 
an upright, amiable, and intelligent man, of strong 
common sense, and distinguished for his pacific 
disposition. 

2 



14 THE LIFE OF 

The maiden name of the mother of Mr. Van 
Buren was Hoes ; she also was of Dutch descent. 
The name was originally Goes, and will be recog- 
nized as a name of distinction, by those who are 
famihar with the history of the Netherlands. 
She was twice married. The name of her first 
husband was Van Alen, a gentleman of respecta- 
bility, by whom she had two sons and a daughter, 
all of whom are now dead. James I. Van Alen, 
one of the sons, it is jjropcr to allude to, in connec- 
tion with the subject of this narrative. He was a 
member of the convention to amend the constitu- 
tion of the state of New York, in 1802, was after- 
wards Surrogate of the county of Columbia, and 
was elected a member of congress in 1808. He 
was afterwards a judge of the county court, and 
again Surrogate of the county at the time of his 
decease. He assisted and encouraged his young- 
er half-brother, the subject of this memoir, during 
his preparatory studies ; and at his entrance to 
the l)ar, received him into partnership in the 
practice of law. 

The mother of Mr. Van Buren was distantly 
connected with the family of his father before their 
marriage. She is said, by all who knew her, to 
have been distinguished for her amiable disposi- 
tion, her exemplary piety, and more than ordina- 
ry sagacity.* 

* This lady survived until 1818; the father of Mr. Van Buren 
died in 181-1. Both lived to see the brilliant success of their son 
at the barj and the commencement of his political distinction. 



MARTIN VAN BUREN. 15 

Martin Van Buren is the eldest son of these 
parents. He was born at Kinderhook, on the 5th 
day of December, 1782. 

At an early age he exhibited indications of a su- 
perior understanding. His opportunities for ear- 
ly instruction were limited, probably on account of 
the moderate property of his father, who had two 
other sons and two daughters.* 

After acquiring the rudiments of an English ed- 
ucation, he became a student in the academy, in 
his native village. He there made considerable 
progress in the various branches of English litera- 
ture,*and gained some knowledge of Latin. It may 
be inferred, however, that all these acquisitions 
were not great in amount, as he left the academy, 
when but fourteen years of age, to begin the stu- 
dy of his profession. 

At that early period he evinced a strong passion 
for extempore speaking and literary composition. 
The native characteristics of his mind, which have 
since so much distinguished their possessor, began 
thus early to display their activity. The declam- 
ation of the school-boy was destined to ripen into 
the manly eloquence of the advocate and states- 
man, and his youthful facility in composition, to be 
formed into a compact, vigorous and copious style. 

♦These are stilUiving, viz. Lawrence, a farmer, residing on the 
family estate, in Kinderhook; Abraliam, a Lawyer, in Hudson, 
and Stirrogate of Cohimbia County ; and two daughters, one of 
whom is married to Barent Hoes, Esq. brother of the late wife of 
Mr, Van Buren, 



10 THE LIFE OF 

Even at that early age, too, Mr. Van Buren '\^ 
represented by those wlio knew him, to have had 
a spirit of observation, with regard to pubhc events 
and the personal dispositions and chai'actcrs of 
those around him, which gave an earnest of his 
future proficiency in the science of politics and of 
the human heart, lie was not wont to receive 
opinions upon mere authority. Every proposi- 
tion was examined before it received his concur- 
rence or dissent. A fondness for argumentative 
discussion also appeared ; a native element in his 
character, which was afterwards formed by disci- 
pline and reflection into the habit of vigorous and 
clear reasoning, which characterized his riper 
years. 

Such was the preparation with which Martin 
Van Buren, at the age of fourteen, commenced 
the study of the Law, What an encouraging ex- 
ample does his subsequent success present to the 
young men of our country ! Few are denied ad- 
vantages of education fully equal to those which 
he possessed. 

It is an interesting matter of speculation to con- 
jecture what would have been the effect of a regu- 
lar education, so called, upon the mind of the sub- 
ject of this memoir. lie has shown himself to 
be a profound reasoner, at least in his profession, 
yet he probably knew little, in early life, of the 
rules of logic or of the metaphysical dis(iuisitions 
which have professed to teach the art of thinking, 
from the days of Thales to those of Thomas 



MARTIN VAN BUREN. 17 

Brown, He evinces freedom, accuracy and co- 
piousness in the use of language, yet he had, as 
we have seen, but a slight acquaintance with any 
of the languages of antiquity. He has acquired 
habits of patient and accurate research, but not 
from the diagrams of Euclid, or the mystic steps 
of analytic mathematics. 

Such examples of distinguished success ought, 
perhaps, to excite some more thorough inquir}' into 
the usefulness, in all cases, of our ordinary rou- 
tine of studies. The theory is, that a well balanced 
mind is the end to be attained. Hence exercises are 
prescribed in literature and science, in languages 
and mathematics, in such just proportions as to 
develope the several mental faculties in equal de- 
grees, in every department. But is there no dan- 
ger, in this process, of reducing all these faculties 
to a contemptible mediocrity ? 

Some persons possess, beyond a doubt, strong 
natural aptitudes to excel in certain departments 
and great natural inability to reach even moderate 
excellence in others. Ought not a true system of 
education to turn the peculiar powers of the pu- 
pil to the best account and to waste no time m at- 
tempting to render him a proficient in those bran- 
ches of science, literature or art, for which he has 
neither capacity nor inclination ? If so, is not 
that system of questionable utihty which forces 
ever}' student, at an uniform pace, through the 
same round of mathematical and classical disci- 



2* 



18 THE LIFE OF 

pline, without reference to the peculiar tendencies 
of his native talents ? 

Again, in most of our higlier seminaries the 
same course of instruction, the same text-books, 
the same principles in literature, science and the 
arts, are presented, year after year, to successive 
generations. It is not unreasonable to suppose 
that young minds, thus moulded upon a uniform 
system, will generally fall into common and uni- 
form habits ol" thought, and will be led to reason, 
believe and act, precisely as their fathers and 
teachers have reasoned and believed before them. 
The strong tendency of the system is to repress 
inquiry and original investigation, to eradicate 
every idiosyncrasy of intellect, and merely to in- 
fuse into a passive mind, the views which have 
been passively received by those who teach ihem. 

To this kind of discipline Martin ^^an Buren 
was never subjected : whether to his advantage 
or loss can only be a matter ol" conjecture. To 
regret the deficiencies of his early education ma} 
perhaps be a useless waste of feeling. No one 
can precisely demonstrate the influence of colle- 
giate training upon his peculiar intellectual povvei's. 
In the study of books, he might, perhaps, have 
been withdrawn from the study of men, which he 
has pursued with such eminent success. Ti»e 
rules of logic might have been manacles upon a 
mind that resisted all artificial restraint. From the 
eloquent pages of 1. ivy, or the honied eulogiums of 
Virgil, or the servile adulation of Horace, he 



MARTIN VAN BUREN. 19 

miglit have been inspired with an admiration for 
regal pomp and aristocratic dignity, uncongenial 
to the native independence of his mind. From the 
same fascinating pages, ho miglit have imbibed that 
contempt for plebeians and common people which 
is so bitterly expressed in every line of their clo- 
(juent productions. Unless, indeed, the spirit-stir- 
ring appeals, put by the father of Roman history, 
in the mouths of his popular leaders, had kindled 
his instinctive love of justice and freedom into 
new activity ; or the sarcastic vigor with which 
the philosophic Tacitus depicts the brutal tyranny 
of the Roman Emperors, had created in his bosom 
a fixed hatred of tyranny in every shape. 

It is the manner in which ancient history is pre- 
sented, and not its materials, which leads to the 
formation of erroneous views of human rights. It 
needs to be re- written by a republican pen. 
When that shall have been done with fidelity and 
isidependence, ancient history will be a most use- 
ful study for the young American. The republics 
of Greece, as they are miscalled, will then no lon- 
ger be cited as examples of the failure of systems 
of political equality. The enormous evils which 
spring from inequalities of rank, infiuence and 
wealth, will be made to appear in every era. 
The Gracchi and other champions of popular 
rights will be relieved from the unjust reproaches 
which have been heaped upon the l(jvers of their 
fellow men from that day to this ; and a full vindi- 
cation will ap})ear of tliat much talked of Agra- 



20 THE LIFE OF 

rian law, which, through the perversions of ser- 
vile historians, has been made a term of reproach 
and a bye-word of infamy, to frighten reformers 
withal, for more than two thousand years.* 

The example of Mr. Van Buren, is dwelt upon 
more at length, in this connection, for the encour- 
agement of the youth of our country who may 
believe themselves to be cut off by their poverty 
from aspiring to distinction. So numerous are the 
instances of success in public life, attained by men 
of imperfect education, as to raise a doubt wheth- 
er, after all, their exclusion from a regular routine of 
study may not have been, in some respects, a benefit. 
Many instances of this kind appear in the brief his- 
tory of our countiy. The names of Patrick Henry 
and Franklin will occur to every one, and the ear- 
ly education of Washington himself was by no 
means complete. 

At the present moment, the facilities for self ed- 
ucation are so great that no person who can read, 
is of necessity cut off from them. Text books in 
every department of science and art may be pro- 
cured at a trifling expense, and if the want of a 
teacher renders the progress of the pupil more 
difficult and slow, it fixes the knowledge he may 
acquire, more permanently in his memory. 

It is erroneous to suppose that a knowledge of 

* Some of the most eloquent defenses of popular rights any 
where extant, are to be found in the speeches ascribed to popiilar 
leaders, by Livy. See for example the harangue of Canulejus 
the Tribune, in the 4th book, and 3d section of Livy's history. 



MARTIN VAN DUREN. 21 

the ancient languages is indispensable to the high- 
est degree of excellence in writing and pul)lir 
speaking. This opinion may he regarded as lit- 
erary heresy, but it is fully shown to be true by 
numerous examples. Washington and Franklin 
are perspicuous, elegant, and, generally, correct in 
their use of the English language. What orators 
have surpassed Patrick Henry and William Pinck- 
ney? Yet the former never studied the ancient 
langTiages at all, and the latter only obtained an 
imperfect knowledge of latin, in the fortieth year 
of his age. 

The subject of the present memoir may be ad- 
duced as an example of eminent success, both 
in public speaking and composition, without the aid 
of a classical education. 

These remarks are not made to disparage the 
value of classical learning, but to encourage those 
who may not be able to acquire it, nevertheless, to 
pursue the best means of improvement in their 
power, which means will generally be adequate 
to their real wants. 

The improvements which are supposed to have 
been made in the modes of instructing the young 
are the boast of the present age. The advanta- 
ges to be derived from infant schools, Sunflay 
schools, lyceums, gymnasiums and other new sys- 
tems of teaching are extolled with so much zeal, 
as to awaken a regret in men of middle age, that 
their own entrance upon life took place before 
these novel aids to wisdom were available. But 



22 THE LIFE OF 

it is a matter of reasonable doubt whether much 
is gained, after all, in the business of instruction 
by these modern, labor-saving machines. It is an 
undeniable fact that the seeds of wisdom and 
morality may best be sown in the family circle. 
Nothing can supply the place of parental advice 
and example. When children are assembled at 
the family board, to hear the maxims of piety, in- 
dustry, economy and patriotism which experience 
has taught their fathers, they are enjoying the dis- 
ciplinary instruction which nature intended for 
them, and which can never be imparted by any 
public and stipendiary teacher. 

The social aftections require exercise for their 
full development : they are most perfectly trained 
and cherished at the paternal fire-side. The 
command of the passions, discretion, and above 
all, conscientious morality are imperfectly taught 
in all public seminaries. The proper teacher is the 
parent ; the proper school, home. 

It is a matter of reasonable concern that these 
principles are so widely departed from, at present, 
in this country. Mere infants arc withdrawn 
from maternal care and sent to schools, by parents 
who have leisure and ability to instruct them at 
home. At a riper age, they are disposed of in lit- 
erary seminaries, and are thus withdrawn, in a 
great measure, from the personal instruction of their 
parents, who are too much engrossed in the v.arious 
pursuits of life to conduct the education of their 
children or aid in the formation of their charac' 



MARTIN VAN BUREN. 23 

ters. As if any higher duty could devolve upon 
parents than the instruction of those they have 
brought into existence ! or any higher honor could 
be attained, than the presenting their country with 
an intelligent and well disposed family ! How 
true is the remark of a great philosopher of an- 
tiquity that " men ought either not to beget chil- 
dren or else, properly to educate them."* 

If these principles be correct, it may, after all, 
be a matter of no regret that the native talents of 
the subject of this memoir were not subjected to 
the ordinary methods of discipline, and that his 
youthful mind and feelings were formed under the 
paternal roof, by the sound sense of a wise father 
and the pious care of a discreet mother. Perhaps 
to this very cause he may in no small degree be 
indebted for his extraordinary command over his 
temper on all occasions, his strong attachment to 
his early friends, and his amiable social qualities ; 
as well as for the benevolence of his disposition, 
the amenity of his manners and the blameless 
purity of his moral character. 

* Socrates, in the Crito of Plato, Chapter 5th. 



CHAPTER II. 



'J'fw proj'rssional educatiuii of Mr. I'uii Bui en before 
his admission to (he Bar. 



In the year 1T9G, at the age of fourteen, Mr. 
Van Buren commenced the study of the Law, in 
the office of Francis Sylvester, Esq., a respectable 
Lawyer, then and still, a resident in Kinderhook. 
The courts of Law hi the state of New York, have 
adhered more closely to the English forms of prac- 
tice than has been done in most of the other states. 
Hence the proceedings are technical, dift'use, and 
sometimes tedious. The first business of a candi- 
date for admission to the bar, is to become famihar 
with these forms; and the earlier portions of his 
preparatory discipline are more usually devoted to 
the drawing of declarations, petitions in Chancery, 
answers and other technical pleadings, than to the 
study of the elementary writers upon law. The 
preparation of these forms, however, requires 
3 



26 THE LIFE OF 

attention and care, and often involves the exercise 
of nice discrimination and sound logic. 

The period of study preparatory to admission 
to the bar was seven years, for candidates, who 
like the subject of this memoir, had not the benefit 
of a collegiate education. This period was meant 
to be large enough to afford time, not only to be- 
come a proficient in the technical parts of the 
profession, but to lay a thorough foundation for 
legal science by the perusal of elementary writers, 
and leave leisure for considerable attention to 
general literature. 

There was at the time now alluded to, another 
school of discipline for the student of law, in the 
state of New York, in some measure peculiar to 
that state. The jurisdiction of Justices of the 
Peace, in civil cases, extended to questions involv- 
ing a considerable amount of property; and the 
parties, in almost every case, had a right of trial by 
jury. The management of cases in these popular 
courts not unfrequently devolved upon students at 
law, and was, in some respects, an admirable arena 
for the display of their knowledge and the disci- 
pline of their talents. The legal forms in these 
cases were generally very simple, and the legal 
questions involved, usually, not profound; but the 
facts put in issue were numerous and exciting to 
the parties, whose passions were as frequently the 
cause of litigation as any infringement of important 
rights. 

These trials, therefore, formed an admirable 



MARTIN VAN BUREN. 27 

exercise for the ingenuity and industry of the 
neophyte lawyer. He could there exercise his 
ingenuity in the clear and legal statement of facts, 
derived from the passionate and confused narra- 
tion of clients; in the preparation and examination 
of witnesses; in that keen encounter of judgment, 
acuteness and wit, so observable at the bar; and 
in placing the whole case favorably before a jury. 

At the period when Mr. Van Buren was engag- 
ed in his legal studies, Columbia County was not 
distinguished for its freedom from litigation. Many 
legal principles, affecting real and personal prop- 
erty, were not as well settled by judicial decisions 
as they are at the present day. Many new inter- 
ests were starting into existence and novel ques- 
tions of personal rights not unfrequently arose. 
From a state of penury and suffering, the commu- 
nity had advanced into a condition of comparative 
affluence and ease; and being relieved from their 
serious evils had leisure to litigate and discuss mat- 
ters of minor importance. 

It will be doing no injustice to the Lawyers of 
that day to say, that the humbler members of the 
profession were themselves less competent to ad- 
vise, in legal matters, than attorneys of the same 
comparative standing at this time. Party politics 
moreover, raged violently, and frequently disturb- 
ed the peaceful relations of neighbors whose real 
interests were not in conflict with each other. In 
short, whatever, may have been the cause, all tra- 
dition unites in establishing the fact, that the village 



28 THE LIFE OF 

of Kinderhook with its immediate vicinity, was the 
theatre of incessant htigation and judicial combat, 
especially in the local courts. 

The early indications of ability, as a speaker 
and reasoner, which were exhibited by Mr. Van 
Buren, occasioned his almost incessant employ- 
ment in trials of the kind we iiave described, from 
the earliest period of commencing the study of his 
profession. His father was a firm whig in the 
Revolution and a democrat in the days of John 
Adams; and the son was educated in the same 
principles and of course formed his most intimate 
connections with persons of the same political 
faith. The democratic party were then a small 
minority in tlie town and county of his nativity. 
His political opinions, as well as the display of more 
than ordinary talent, led to his employment by the 
members of his own party, in their controversies 
with regard to personal rights and rights of prop- 
erty. At this early period, they appreciated the 
value of his industry, perseverance, and fidelity in 
the cause of his friends, and looked forward to tlic 
period in which they should possess, in him, a 
champion of their legal rights in the highest courts 
of law^ and of their political opinions in the public 
councils. 

In these local and temporary contests, so well 
suited to the development of native talent, Mr. 
Van Buren was laboriously and zealously engaged, 
during the whole period of his preparation for the 
bar. Tt often happened, moreover, that in the 



MARTIN VAN BUREN. 29 

management of cases he encountered men of age, 
talent, and high standing in the profession. It can- 
not be doubted that the utmost stretch of his exer- 
tions, which such occasions called forth, contribut- 
ed, greatly, to the thorough discipline and develop- 
ment of his native powers of mind. 

Many characteristic anecdotes are related of his 
successful efforts, at this early age, which might 
jfitly occupy a portion of this memoir were it not 
destined rather for instruction than amusement. 
One remarkable display of his powers is often 
alluded to, by gentlemen who then resided in that 
vicinity, when the young advocate, not yet sixteen 
years of age, successfully managed a cause of great 
interest and considerable importance, against an 
opponent who was then in full practice at the bar, 
and has since filled several, responsible, public 
offices. The future statesman was then so small 
of stature that he was placed upon a table to ad- 
dress the jury. 

At this early period Mr. Van Buren was an 
ardent and active politician. His political course 
will be more fully developed in another place ; 
but it is proper to remark at this point, that it was 
his constant habit to attend all meetings of the 
democratic party, to study with attention the polit- 
ical intelligence of the day, and to jaeld his most 
zealous aid to the principles he held to be true, 
both by speaking in public and employing his 
ready pen to furnish resolutions and addresses 
whenever his services were required. As early 
3* 



30 THE LIFE OF 

as 1800, when only in his eighteenth year, and 
still a student at law, he was deputed by the Re- 
publicans in his native town to attend a convention 
of delegates from Columbia and Rensselaer coun- 
ties, to nominate a candidate for representative to 
the State Legislature. From that time onward, 
during his minority, he constantly had similar 
marks of the confidence of his political friends and 
exhibited similar activity in their behalf. 

The last year of Mr. Van Buren's preparatory 
studies was passed in the city of New York, in the 
office of Mr. William P. Van Ness and under his 
direction. Mr. Van Ness was a native of Colum- 
bia County, but at that time, a distinguished mem- 
ber of the bar in the city of New York and a very 
conspicuous leader of the Republican party. The 
reputation which Mr. Van Buren had acquired in 
his native county, both as a politician and an advo- 
cate, secured for him the especial interest and 
attention of Mr. Van Ness. Thus, he had every 
possible advantage for improvement; and his eager 
thirst for knowledge, together with his aptitude in 
acquiring it, enabled him to make great advances. 
During this period, his devotion to the study of the 
principles of his profession, was intense. In an 
association of young gentlemen engaged in similar 
pursuits, which occasionally met for the discussion 
of legal, political and miscellaneous questions, he 
soon became conspicuous by his ready command 
of language and closeness of reasoning. Some 
elder members of the profession who occasionally 



MARTIN VAN RUREN. 3] 

attended these discussions, at that time, foresaw 
and predicted his future eminence at the bar. 

Mr. Van Ness, as a leading republican in the 
city of New York, was occasionally associated 
with the celebrated Aaron Burr, at that time Vice 
President of the United States. Through this 
medium Mr. Van Buren was introduced to the 
notice of the Vice President. As Col. Burr, not 
improbably, foresaw the possibility of his becom- 
ing a candidate for the office of Governor in the 
state of New York, he was led by his knowledge 
of Mr. Van Buren's political activity and influence 
in his native county, as well as by a quick sighted 
observation of the future eminence promised by 
his early display of talent, to treat him with marked 
attention and to make every reasonable effort to 
secure his favorable regard. 

In November, 1803, in the twenty-first year of 
his age, Mr. Van Buren was admitted, as an at- 
torney at law, to the bar of the Supreme (yourt in 
the state of New York. He immediately returned 
to his native village to commence the practice of 
his profession. 



CHAPTER HI 



Mr. J'cni Bureii's professional carrer, in KinderJtook, 
from the period of his admission to the Bar, in 1803, 
lo his removal to the ci/y of Hudson, in ISOS. 

Near the close of his twenty-first year, the sub- 
ject of this memoir began the practice of his profes- 
sion, as an attorney at law, in the village of Kin- 
derhook. He formed a partnership in business 
with the Hon. James I. Van Alen, a half-brother 
on his mother's side. Mr. Van Alen was consid- 
erably his senior and had already acquired no 
small degree of political and professional distinc- 
tion. His early kindness to the subject of this 
memoir has already been alluded to. 

Mr. Van Buren had previously been admitted as 
an attorney in the Supreme Court, and at the first 
succeeding session of the Columbia County Court, 
he was enrolled in the list of its attorneys and 
counsellors^ 



34 THE LIFE OF 

The bar of Columbia County, at that time, 
embraced some of the most distinguished members 
of the legal profession in the state of New York. 
It will not be invidious to mention the names of 
William W. Van Ness, (afterwards a Judge of the 
Supreme Court in New York,) Elisha Williams, 
Thomas P. Grosvenor and Jacob R. Van Rensse- 
laer. Many other distinguished names might be 
added to the list, but the gentlemen already men- 
tioned were at that time in the full practice of 
their profession and for legal knowledge and 
splendid talents were surpassed by few lawyers 
in the state. 

Such was the field of competition upon which 
the youthful candidate then entered. But in 
order fully to understand the difficulties with which 
he contended and the circumstances which con- 
tributed to the formation of his character and 
fame, it will be necessary to advert to the state of 
political parties at the period alluded to; for the 
political and professional acts of Mr. Van Buren 
have been so closely interwoven, from his first 
entrance upon the duties of active life, that the 
description of the one class cannot well be separ- 
ated from that of the other. 

It is not the object of the present writer to 
present a political history of the times, any farther 
than may be necessary to the clear elucidation of 
the principles and character of the subject of this 
narrative. It has been truly said by, a writer of 
great celebrity in the departments both of biogra- 



MARTIN VAN BUREN. 35 

phy and history, that " the biographer never ouglit 
to introduce pubUc events, except as far as they 
are absolutely necessary to the illustration of char- 
acter; and that the historian should rarely digress 
into biographical particulars, except as far as they 
contribute to the clearness of his narrative of polit- 
ical occurrences." * But as the political course of 
Mr. Van Buren, appears to the writer to present 
a pure and attractive example for the imitation of 
the young men of our country, it would seem that 
an account of his life and opinions, should, in some 
measure, be a text book of democratic princi- 
ples. 

It is well known that the people of these states 
have always been divided into two broadly separ- 
ated and distinctly marked parties. One of these 
parties has been the constant antagonist of popular 
influence, equality and freedom; the other has 
constantly relied on the capacity of the people for 
self-government and has, at all times, regarded 
their voice as the ultimate rule of action in all po- 
litical matters. A writer of considerable research, 
and of high authority where he is not under the 
bias of party prejudice, has intimated that this great 
division began at the time of the adoption of the 
Federal Constitution;! but this, perhaps, is not the 
most accurate view of the origin of these parties. 

* Life of Sir Thomas More, by Sir James Mackintosh, 
t Pitkin's political and civil History of the United States, Vol. 
II., p. 352. 



30 THE LIFE OF 

A closer observation will show that the elements of 
this division existed anterior to the Revolution. 
Indeed these elements are inherent in the nature 
of man, and have separated mankind, in all coun- 
tries and in all ages, into the lovers and champions 
of popular rights on one side, and the oppressors 
of their fellow-men, on the other. But in the pres- 
ent place, it is purposed to consider rather the 
historical, than the philosophical origin of these 
j)arties. 

During the whole period of British aggression 
and American suffering, a strong party existed in 
this country, averse to any demonstrations of 
resistance to England or any exertions for the pro- 
tection of colonial freedom. The popular voice 
was divided in regard to public measures, from 
the operation of various motives. Some of those 
who were for passive submission, feared English 
power; others loved English patronage; and all 
distrusted the capacity of a free people to govern 
themselves. 

The same division was perceptible during the 
war of the Revolution; though the violence of the 
enemy forced into the popular ranks, for a time, 
many who were at heart averse to a republican 
form of government. Many of the colonists had 
been educated in Europe, others had family con- 
nections there, and a still larger number had, by 
reading or travel, formed high notions of the much- 
lauded excellence of the British Constitution. 
These persons would gladly have preserved in 



MARTIN VAN OljllKN. 31 

Anioiica, many features oiaii ai istoeratic govciii- 
nient, and tlicy saw with alarm and regret the 
unparalleled determination ef the American j)eo" 
j)lc, never to cease from the contest until they 
had prostrated every vestige ol" authority, proceed- 
ing from any other source than the will of the 
people. 

Before the disbanding of the American army, it 
is pretty well understood, that two of the general 
oflicers, who stood high in its alTections, proposed, 
very distinctly, to General Washington to assume 
monarchical powers, and promised to sustain him 
by the armies under their control. Fortunately 
for the cause of freedom, that great and good man 
was equally incapable of being influenced by jicr- 
sonal ambition, and of distrusting the ability of 
ireemen to govern themselves. 

It would not be difficult to point out frequent 
indications, on the j)art of leading politicians, of a 
preference for monarchical institutions and of a 
distrust of popular discretion, during the period 
j which intervened between the termination of the 
j war of the Revolution and the adoption of the 
Federal Constitution. The country was then divi- 
ded into two distinct parties, the republicans and 
I monarchists, the former insisting on the utmost 
j liberty of action, consistent with the preservation 
( of social rights, and the latter struggling to curtail 
popular rights, and looking to a monarchy and an 
hereditary nobility as the only protections of indi- 
vidual interests. 
4 



38 THE LIFE OF 

But it was in the convention wliicli formed the 
Federal Constitution that the monarchical party 
made the most distinct demonstration of their 
views. The convention sat with closed doors, 
and few of the opinions expressed by individual 
members have been preserved. There is no rea- 
son to doubt, however, that there were members 
of the assembly who would have been gratified 
with the neai'est j)ossible approach of our govern- 
ment to that of Great Britain. But the i)opular 
will had been so decidedly expressed, as to show 
the impossibility of indulging such preferences. 
Propositions were, nevertheless, made, and that 
too, by men who were afterwards the leaders of 
the Federal party, to elect a President and Senate 
for hfe, or during good behavior, to have the Gov- 
ernors of the respective states appointed by the 
Executive of the Federal Government, and to give 
that government a veto upon all the acts of the 
State Legislatures. Fortunately these proposi- 
tions were rejected by the democratic part of the 
convention, and the Constitution, as finally adopt- 
ed, took so popular a form as to be highly offensive 
to many of the anti-republican members. Never- 
theless, such alarming indications appeared, in 
certain quarters, of a preference for a consolidated 
and privileged government, that the democracy of 
the country were exceedingly cautious in yielding 
their final assent to the new instrument, nor was 
their jealousy of its provisions allayed, until after 
the adoption of several important amendments, 



AIARTTN VAN BUR EN. 39 

securing to the people certain cardinal rights of 
freemen, and tending to the unimpaired preserva- 
tion of the sovereignty of the states. 

Even after the adoption of the Federal constitu- 
tion, there was a body of politicians, and those too 
of no humble influence and character, who had no 
faith or pleasure in the idea of a republic, who 
longed for a monarcliical form of government, and 
who openly spoke of our system as a humbug 
which could not last a quarter of a century, while 
they professed to regard the British government 
as the most perfect, ever invented by human wis- 
dom.* 

During the administration of General Washing- 
ton, the peculiar and opposite views of the two 
parties became more apparent; and the distinctive 
features of each, at that time, have continued to 
characterize them, respectively, to the present 
day. Names indeed, have changed; and a vocab- 
ulary of considerable extent, has been exhausted 
on one side, in the vain endeavor to hide real prin- 
ciples from public view. But at whatever era, 
or under whatever name, the aristocratic party 
have appeared, they have exhibited the same aver- 
sion to the full enjoyment of popular rights, the 
same distrust of popular capacity and integrity, 
and the same dread of popular freedom. 

In the administration of Washington, when 
Hamilton presided over the Treasury department 

* JefTcrson'sWorks Vol. IV. page 450 et seq. 



40 THE LIFE OF 

and Knox was secretary of War, tlio doctrines of 
the anti-republican parly were similar to those of 
the same party, nt the present day. They were 
for a si)lendid, consolidated government, supported 
by a national Bank and revolving about an in- 
triguing and corrupting treasury. Large salaries, 
jiermanence in office, pomp, profusion, and cere- 
mony were, then, as now, earnestly contended 
for. The constant cry was of danger from the 
people, — of i)opular effervescence and poj)ular 
j>ower, and unless the democracy of these states 
had i*allied, under Jefferson, and l)rought back the 
constitution to its original s{mj>licity and purity, 
we might, ere this, have seen Presidents and Sen- 
ators and, perhaps, Representatives in Congress, 
(luielly seated in their offices for life, and transmit- 
ting their stations, their titles and their fortunes, to 
a promising race of their legitimate descendants. 
At that early period, too, the leading doctrines 
of the democratic party were nearly the same as 
are professed by that party at the present day. A I 
perfect equality of political rights; the sovereignty 
of the State Governments; a strict construction 
of the constitution; no privileges to particular 
sections of the country or to particular classes 
of the community; no monopolies, trading com- 
panies, or corrupt governmental Banks; fre- 
quent rotation, strict responsibility and small 
parade in office; moderate legislation; a revenue 
meeting the wants of the people and no more; 
simplicity in the laws; and the least possible re- 



MARTIN VAN BUREN. 41 

strain! upon the mind, person, energy and industry 
of every man, consistent with the rights of his 
fellow-man. 

The distinctive features of each party have 
remained nearly the same, down to the present 
day. On one side, there has been seen the scheme 
of a splendid, national, consolidated Government, 
a single department of which, it has been claimed, 
may control a sovereign state and remove even 
felons from the cells of her penitentiaries; an 
overgrown, national Bank, its head reaching to 
the highest offices in the government, its mem- 
bers extended to every state, its right hand 
raised to depose the President of the people, its 
breath spreading dismay throughout the land, its 
operations extensive, secret and corrupt, its re- 
sources unlimited and its continuance, perpetual; 
a system of raising revenue vastly dispropor- 
tioned to the wants of the government, to be lav- 
ished in magnificent roads, through favored sec- 
tions of the country, or invested in joint-stock 
speculations; a latitudinarian construction of the 
Federal compact, begetting the exercise of powers 
which endanger the continuance of the Union; a 
practical avowal of the principle that a national 
debt is a national blessing; a disposition to legis- 
late over-much, and to tamper, capriciously, with 
the interests of the people; a general disregard 
of the popular voice and distrust of the popular 
capacity, leading to the crooked policy of attempt- 
ing to cheat the people into salutary measures, 

4* 



42 THE LIFE OF 

thus roKlcrinr? ofiirc-holdcrs, not their servants, 
but their vidstcrs. 

On the conlrarys the democratic party set out 
with the car(hnal j)ri5icip]c that might and right 
belong, equally and exclusively, to the people; 
that in them resides all sovereignty; that there is 
no power on earth which may rightfully subject 
them to any laws or restraints, of body or mind, 
which they choose not to adopt for themselves; 
that government is fjr their own comfort and pro- 
tection, and not for the especial benefit of the gov- 
ernors; that magistrates arc servants and office 
holders agents, whom the people create and may 
at j)leasurc, control or remove; that the unimpair- 
ed sovereignties of the several states are vastly 
more essential to liberty than any other feature of 
our political system; that the National Govern- 
ment possesses no inherentpl)wers, but is authori- 
zed to act only so far as the spirit and letter of 
the constitution clearly intend; that no revenue 
should be raised beyond the wants of the gov- 
ernment; that the Federal Government was 
intended mainly for the regulation of foreign rela- 
tions and cannot constitutionally expend large 
sums of money in domestic, local, internal improve- 
ments and splendid plans of national embellish- 
ment and speculation; that, inasmuch as a nation- 
al Bank is not expressly authorized by the consti- 
tution, and the right of creating one has always 
been questioned by sound politicians, no such 
institution should be established without further 
authority from the people, whatever advantages 



MARTIN VAN DUREN. 43 

may be ci.'iimcd for il; that the several depart- 
ments of the Federal Government are co-orduiate 
and equal in their respective spheres, and that 
each is bound to interpret and execute its functions 
and duties, on its own responsibility and by its 
own liglits. 

These are some of the principles of the demo- 
cratic party at the present time. They are, no 
doubt, held with various modifications, by dillercnt 
members of the party; but they all aim at remov- 
ing every burden and restriction upon tlie natural 
freedom of man, to tlie utmost extent which is con- 
sistent with the preservation of social order. They 
are based upon the fundamental axiom that the 
great mass of the American people are honest and 
are caj)ablc of self government; and that, admit- 
ting their liability to mistakes and to occasional 
perversions of right, yet the liberties of the people 
may more safely be entrusted with themselves, 
than with any of those zealous patriots who arc 
ready, from pure benevolence, to govern them. 

Between the two parties, whose antagonist prin- 
ciples have been l)riefly stated, the community 
have ever been divided according to their natural 
dispositions, their early education, their personal 
interests or the dictates of their judgment. Among 
the leaders of (he anti-democratic party have gen- 
erally been found those persons who were born to 
the inheritance of large estates, who have passed 
through the training of a regular collegiate educa- 
tion, and have any claims to distinction on the 



44 THE LIFE OF 

score of ancestry. Their distrust of popular ca- 
pacity and integrity may generally be traced to 
the tenor of their early education, by which they 
have been so far withdrawn from the necessity of 
manual labor and from contact with those who 
live by it, as to form erroneous notions of their 
capacity and an ill founded distrust of their virtue. 
The educated sons of opulent and distinguished 
parents very naturally come to regard themselves 
as the natural inheritors of the honors of their 
family and are easily disposed to claim priority in 
political promotion, over the undistinguished and 
the poor. Not unfrequently, the course of educa- 
tion through which they pass is fitted to inspire 
an admiration for the glare of aristocratic pomp in 
foreign countries and in ancient times. They read 
of the Roman " plebeians" and the English " mob" 
and are prone to regard the common people of 
their own country in the same contemptuous esti- 
mation. As they advance in life, they soon begin 
to feel that entire equality in civil and political 
rights, is a principle not altogether consistent with 
their own estimate of themselves and of those around 
them. They begin to regard those who are not 
their equals in wealth, family and education, as in- 
feriors, also, in political rights. Having never 
freely mingled with the mass of their fellow men, 
they under-rate their capacity and virtue. They 
forget that integrity of character and true patriot- 
ism are more frequently imbibed from the parental 



MARTIN VAN DUREN. 45 

and domestic ednration of the farmer or mechanic, 
than in j)nldic seminaries of learning. They for- 
get tliat learninsr is not always wisdom ; tliat a 
full scholar may he a shallow thinker ; and that 
books, teachers, apparatus and the other instru- 
ments of iearning are not the bcstowcrs of a sound 
judi^inent or a clear head. These are, indeed, 
great helps to mental discipline and the acquisition 
of knowledge ; but some of the strongest minds 
that ever appeared have been formed without 
them. Patient reflection may proceed as rapidly 
and steadily, over the desk of the merchant, tlie 
bench of the mechanic, the anvil of the smith, or 
at the hearth of the farmer, as amid the splendid 
halls of learning or in the cloisters of the man of 
science. Tlicrc is less diflcrencc between men of 
reflection and native judgment than is generally 
imagined ; how different soever may have been 
their means of education or their conditions in 
life. The principles which lie at the basis of true 
science, botli in morals and politics, are simple, 
and may generally be as clearly comprehended by 
the manof plaii^., uneducated common sense, as by 
the scholar whose mind has been trained by arti- 
tificial modes of reasoning. The latter has greatly 
the advantage of the former in the facility with 
which his literary resources enable him to express, 
illustrate and enforce his sentiments. Dutthe un- 
educated man may, nevertheless, be a profound 
fjjjtikcr, though destitute of the technical rules 



46 THE LIFE OF 

which are convenient for the clear expression of 
the grounds of his opinions.* 

The truth is, the principles of political and moral 
science are not so profound and abstruse that only 
a select few, of striking genius and great learn- 
ing, can possibly comprehend them. If it were 
so, there would be an end of all freedom in the 
political world, and of all independence of 
judgment in the moral and religious world. If the 
principles of politics are beyond the apprehension 
of mankind at large, government must, of necessi- 
ty, be taken from their control and committed to 
the direction of the few who have the requisite 
learning and capacity. If the principles of moral 
and religious truth are equally obscure, then must 
the right of private judgment in these matters, 
cease to be exercised, and the mass of mankind 
must receive their religious belief and their rules of 
action from a controlling priesthood. But in mat- 
ters of religious belief and practice, the compe- 
tency of every moral agent to form his individual 
opinions, and his responsibility for his faith and 
practice are no longer a matter of dispute. The 

* "No epoch of humanity, not even a single individual, wheth- 
er the first or the last, has ever been cut off from the inheritance 
of truth. * * * A peasant, the meanest of peasants, knows 
as much as Leibnitz, about himself, about the world and 
God, and about their relations ; but he does not possess the secret 
and the complete explication of his knowledge ; he knows not how 
to account for it : he possesses it, but he does not possess it in tlu\t 
superior foi-m of thought, which we call philosophy." Cousin's 
Introduction to the History of Philosophy : Lecture 11. 



MARTIN VAN BUREN. 47 

Christian religion is characterized by such plain- 
ness and simplicity that its doctrines and precepts 
are within the apprehension of the most common 
understandmg ; nor can any person, be relieved 
by the interposition of any human expositor from 
the responsibility of examining and believing for 
himself. 

The same course of reasoning applies to polit- 
ical knowledge. The true principles of govern- 
ment must be within the apprehension of ordinary 
men or the great mass of mankind must be ex- 
cluded from the exercise of self-control. If it be 
the law of our nature that men shall form their 
own civil institutions, it must be upon principles 
which men can understand. If social institutions 
cannot be founded and maintained on such princi- 
ples, they must be formed exclusively by the few 
who can understand them, and the only duty of 
the great body of mankind, must be submission. 
If these principles are correct, the mystery and 
obscurity which sometimes surround law-making 
and civil government are the result either of igno- 
rance or imposition, and ought to be dissipated. 

Hence the opponents of democratic power fall, 
at once, into a two fold error. They ascribe an 
undue degree of intricacy to the science of politics, 
and at the same time, underrate the capacity of 
the great mass of their fellow-men. From these 
i errors of opinion flow the most unhappy conse- 
quences. They who entertain them are engaged 
in a constant endeavor to curb the popular influ- 

I 



48 THE LIFE OF 

once and wiilKlraw all political [)ovvcr, a.s fai a? 
possible, IVom the pcofjlc. Borrowing tluir no- 
tions of political science from foreign governments, 
they constantly lose sight of the cardinal principle 
that all power, here, belongs to the people. For- 
getting that the people are the lawful sovcreigny 
of this realm and that law-makers and oiiice-holders 
are their agents and servants, invested with tern- j 
{)orary duties for the execution of which they aei-a 
responsible to the people as their masters and arc 
rewarded by them, these men who are rather edu- 
cated in the principles of foreign governments 
than of our own, constantly aim to assert for them- 
selves a supremacy of the same kind as tliat which 
men of rank, wealth and education are cnlillcd to, 
in adiiii;rcnt organization of society. Accustomed 
to estimate themselves as much above their fellow- | 
men in political advantages, as they, often, really ' 
are in wealth and education, they lork nj)cn the 
claim of the common people to ccjual rights and 
legitimate supremacy, as an encroachment u()on 
their own peculiar privileges. They regar<l the 
struggles of the democracy as attempts to strip 
them of a just superiority. The real tendency of 
those struggles, they readily perceive, is to level 
and equalize wealth and political power through- 
out the community; hence they spare no cfiort in 
resisting them. It is difficult for men whose minds 
arc thus formed to feel that the undue superfluity 
of wealth and rank they may chance to obtain, 
must devolve a corresponding {privation upon other 
men, who, ))y the laws of nature and the principles 



MARTIN VAN BUREN. 49 

of our governnicnt, are, equally with themselves, 
entitled to the enjoyment of these privileges. 
They cannot feel that to the truly benevolent 
mind, the suifering of the undistinguished, poor 
man seems to be as great an evil as the corres- 
ponding distress of the high born and rich. 

These are hard lessons for men to learn who 
are born to the possession of superior, social and 
intellectual enjoyments, and who forget that the 
nature of our institutions forbids them from also 
engrossing political superiority. Stimulated by 
these false notions of their real position in our re- 
public, men, who in social intercourse evince the 
most attractive qualities, are led into the most vio- 
lent political practices. They hesitate not to 
declaim on the ignorance, degradation, servility, 
corruption and violence of the common jtcople — tlie 
mob — the radicals — the haters of good order and 
breakers down of all useful institutions; the men 
in short, who dare to believe, with the illustrious 
Jefterson^ that one-half of mankind are not born 
with saddles on their backs, to be ridden by the 
other half. These violent denunciations are heap- 
ed, with exaggerated fury, upon any men of edu- 
cation, moral worth and talent, who may espouse 
the popular cause. Underrating the intelligence 
of the great body of the democratic party, they 
erroneously suppose that its strength, in a great 
measure, depends upon the leaders, and these 
leaders become the objects of especial attack. 
Feeling no sympathy, themselves, with the com- 
mon people, they ascribe the efforts of intelligent 
5 



50 THE LIFE OF 

men in the popular cause, lo the vilest motives. 
They charge these men with misleading others 
whom they only co-operate with, or perhaps, in 
reality, follow. They ascribe the exertions of the 
intelligent and able champions of popular rights to 
demagogueism, thirst for office, inordinate ambi- 
tion, or moral corruption; for they can never 
appreciate that truly expansive benevolence which 
embraces all mankind as brethren. The feeling 
of sympathy and good will for his fellow men, of 
all conditions, which is the pervading principle of 
action with the true philanthropist, finds no place 
in the breast of the aristocrat. It is supplanted, 
too often, by fear, jealousy and hate. The aristo- 
crat sees, lurking in every poor man's eye, a design 
upon his life or property; he regards every man 
who is beneath his own caste, as under the influ- 
ence of a demoniacal spirit, which is only kept 
within bounds, by the restraints of fear and self 
interest. Hence, he seeks for protection behind 
the bulwarks of power, rank, title and authority. 
It is his creed that the common people — the rabble, 
must be kept under, either by force or corruption; 
and he solemnly believes that were tliey let loose 
upon the world, at large, they would exterminate 
" the better sort of people" — plunder the rich, reduce 
all to the common level of poverty, and finally prey 
with violence upon each other, in the frantic exer- 
cise of liberty! 

The democratic lover of equal rights looks 
abroad upon his fellow men with far different eyes. 
He believes that nature has generally bestowed 



MAIITIN VAN BUREN. 5] 

upon them benevolent and social feelings, lie 
reads good will antl sympathy in their countenan- 
ces. He discovers in their dispositions, when 
unperverted by bad education or example, a lean- 
ing towards sincerity and truth, and a strong innate 
love of virtue and justice. He traces tkeir faults 
and defects to other causes than the hand of nature 
or of God. Hence, lie never fears and hates his 
fellow-men, but confides in them and loves them. 
He delights to do them good, to see them equal, 
free and happy; nor has he any doubt that with 
proper information, they will generally act, honest- 
ly and wisely. — Certainly, if the lover of popular 
rights and equality errs, his error is on the side 
of benevolence. 

At the time when Mr. Van Buren commenced 
his professional career, the violence of party spirit 
was extreme throughout the country. The state 
of New York was fearfully agitated by its influ- 
ence; and in the county of Mr. Van Buren's resi- 
dence political dissensions were carried to the 
greatest extremities. 

The adniini.stration of the Federal Government 
had then passed, after a considerable struggle, 
into the hands of the democratic party; but it was 
by no means certain that their asc(;ndency would 
be of long continuance. In the state of New 
York, and in the county of Columbia, the federal 
party had long held the reins of power by an 
overwhelming majority. The land-holders in 
Kinderhook and its vicinity, had inherited large 
estates troni a long line of wealthy ancestors, and 



52 THE LIFE OF 

had exercised, by proficription, an influence ot'cr 
their tenants and the more recent immigrants,, 
analagous in its nature, and almost in its extent,, 
to the baronial prerogatives of feudal lords. The 
great mass of mercantile and professional inen in 
the county, were dependent upon these wealthy 
free holders for patronage, as also were the labor- 
ers and mechanics, in a still greater degi-ee. The 
members of these famihes were geneially federal- 
ists and looked with anxious disapprobation upon 
any efforts to extend popular rights. Towards 
the champions of the democracy, they exhibited 
neither liberality nor toleration, but carried on a 
warfare against them, both in public and private, 
of the most obstinate and embittered character. 

Mr. Van Buren's eai'ly exhibition of energy and 
talent attracted their attention. It was readily 
observable that they had much to fear from his 
exertions if he continued to co-operate with the 
democracy, and no ordinary pains were taken to 
detach him from that connection. The respectable 
gentleman with whom Mr. Van Buren studied his 
profession was a high-toned federalist. His earlv 
patron and partner in business was of the same 
political faith. These gentlemen, by their exam- 
ple and advice, earnestly endeavored to withdraw 
him from a political connection which they proba- 
bly believed to be dangerous and wrong, and 
which they could not but foresee must luring upor« 
their young friend much persecution and obloquy. 
Gentlemen of high standing and character, many 
years his seniors, who were sincerely and ardent- 



A1ARTIN VAN BUR EN. 53 

ly attaclied to him, made the most strenuous en- 
deavors to induce him to change his political creed. 
They urged every consideration, flattering to his 
pride, or which could tempt the ambition of an 
aspiring youth. They pointed out to him the dan- 
gerous tendency of what they called the " Jacobin- 
ical principles'' of the party to which he was 
attached, and tiie certain defeat and ruin which 
awaited them. The result of every interview was 
a disappointment of their hopes to influence his 
course, not unmixed with an admiration for the 
firmness with which he adhered to his principles 
and the adroitness with w^nch he met their argu- 
ments. These attempts were finally abandoned. 
Firmly fixed by reflection and observation in the 
political faith of his father, who was a whig in the 
Revolution, an anti-federalist in 1788, and an early 
su])porter of Jefterson, the subject of this memoir 
slu-unk n)t from the severe tests which were ap- 
plied to the strength and integrity of his convic- 
tions. Without patronage, comparatively poor, a 
plebeian by birth, and not furnished with the ad- 
vantages of a superior education, he refused to 
worship either at the shrine of wealth or power, 
but followed the dictates of his native judgment 
and benevolent feelings, and hesitated not, in behalf 
of the cause which he thus adopted, to encounter 
the utmost violence of his political enemies. That 
violence soon burst upon his head with concentra- 
ted fury. Ilis character was traduced, his person 
ridiculed, his principles branded as infamous, his 
integrity questioned, and his abilities sneered at, 
5* 



54 THE LIFE OF 

by those who had recently extolled them. In 
short, Mr. Van Buren encountered, in the earliest 
period of his career, an earnest of that malignant 
and persevering abuse with which he has been 
incessantly assailed, from that time to the present. 
But the shafts of malice were aimed at hmi in vain. 
His moral character was beyond reproach. 
His habitual self respect and the pervading de- 
corum of his deportment defied ridicule. His 
principles were so fortified by truth, as to gain 
ground amid obloquy and denunciation. His in- 
tegrity commanded the respect of all candid men. 
His abilities extorted general admiration. 

The ruthless warfare carried on by the exclusive 
party in this country, against the leaders of the 
democracy, is well illustrated by the case of Mr. 
Van Buren, both in its character and its effects. 
For nearly forty years it has been the constant 
effort of his political antagonists, in public and pri- 
vate, by the press, by conversation and in set 
speeches, to lessen his influence with the American 
people and to impair their confidence in his capa- 
city and honesty. The attempt has proved utterly 
futile. Indeed, it has indirectly conduced to his 
elevation, by drawing public attention to his char- 
acter and subjecting it to a constant scrutiny, well 
calculated to disclose its excellencies. The exam- 
ple will not be without its influence upon other 
defenders of the true principles of our government, 
as it evinces how little these violent attacks de- 
serve to be regarded. The people have already 
learned that these assaults are generally propor- 
tionate in their violence, to the merit of the subject, 



MARTIN VAN BUREN. 55 

and that signal integrity of cliaracter in a demo- 
crat, is most likely to excite their greatest fury. 
It is rather a matter of surprise that they who 
resort to these intemperate measures have not 
already learned their futility; since the people 
have, almost uniformly, delighted to honor those 
who have been most bitterly assailed. Every 
one will call to mind, in this connection, the father 
of American democracy, the illustrious Jefterson, 
and the equally conspicuous example of our pres- 
ent, venerable chief magistrate. 

On this subject, as on many others, the cardinal 
eiTor of the anti-democratic party, is a false esti- 
mate of the intellectual capacity of the people. 
Presuming upon their ignorance and credulity, 
they employ for purposes of deception, a tone of 
exaggeration and hyperbole which leads to distrust 
and defeats its own object. Thus they have lost 
the popular ear, and their most solemn assevera- 
tions liavc ceased to influence any but weak 
minds. 

Undismayed by persecution, as he had been 
unmoved by persuasion, Mr. Van Buren steadily 
acted upon his carefully formed convictions, and 
vigorously co-operated, on all occasions, with the 
democratic party. Mild and unobtrusive in his 
personal dejiortment, while he never offensively 
obtruded his sentiments upon others or denounced 
their opposite opinions, he was ever ready, by 
argument and illustration, to defend his own tenets 
and to enforce them in private life or on public 
occasions. 



50 TIIR LIFR OF 

Thus connected with a party, which, though as 
yet but a minority, still, embodied a numerous and 
inteUigent portion of the community, he naturally 
became the vindicator not only of their political 
faith but of their legal rights. The conspicuous 
position in which he was thus placed, called into 
exercise the utmostenergy ofhismindandthe most 
strenuous exertion of his talents. We have 
already seen that the weight of legal talent and 
learning was greatly on the other side. To 
encounter successfully, in the tribunals of justice, 
the distinguished antajronists with whom he was 
thus politically and professionally brought in collis- 
ion, re piired the most unremitting industry, the 
most diligent preparation, and the most vigorous 
exertion of his powers. The conflicts in which he 
thus engaged rapidly invigorated and enlarged his 
natural powers. They <juickened his apprehen- 
sion, strengthened his judgment, added clearness 
and vigor to his reasoning faculties, and brought 
into full operation the whole resources of his well 
endowed mind. It was soon seen that he was 
able fully to cope with the ablest of his opponents 
in the local Courts. He soon challenged them to 
the encounter in a broader field. In February, 
1807, he was admitted as a counsellor in the Su- 
preme Court, and thus had opened to his ambition 
the highest arena of professional competition. 
Upon this arena he entered with equal eagerness 
and equal success. He was here brought into 
more inuiiediate collision with the distinguished 
men whom years of exertion had raised to the high- 
est professional eminence. 



MARTIN VAN BUREN. 57 

In 1S08, the deniocratir party having gained a 
temporary ascendency in the appointing depart- 
ment of the State Government, Mr. Van Buren 
was aj^pointed Surrogate of Columbia County. In 
the latter part of this year or the beginning of 
1809, he removed from the village of Kinderhook 
to the city of Hudson, in consecjuencc of the in- 
crease of his professional business in the higher 
Courts. lie was thus established in the capital of 
his native county, with a professional reputation 
which had already extended far beyond the limits 
of that county. At this point he may be consider- 
ed as having entered upon the most brilliant period 
of his professional career. 



CHAPTER IV. 



Mr. Van Buben's -professional course from the time of his 
removal to the city of Hudson^ in the winter o/180S-9, 
I until his filial icithdraual from the bar, in 1828. 

I It has already been remarked, that the bar of 

Columbia County embraced, at the period now 

j spoken of, some of the most distinguished lawyers 

! in the state of New York, or indeed in the United 

i States. After the promotion of William W. Van 

I Ness to the bench of the Supreme Court of the 

> State,* the most eminent in the remaining gi'oup 

( was the late Elisha Williams, This gentleman 

I was a resident in the city of Hudson at the time 

of Mr. Van Buren's removal thither. As a popu- 

i lar speaker, especially, as an advocate before a 

{jury, he was unrivalled in the State of his resi- 

fdence, and probably in the Union. He was an 

active and ardent politician, and already stood at 



* Mr. Van Ness was appointed Judge, in June 1807, in place of 
I BrockhoUt Livingston, resignee'. 



CO THE LIFE OF 

the head of ihe federal party in that region, as 
Mr. Van Buren did at the head of the democratic 
cause. Mr. Williams was then in the prime of 
manhood and in the zenith of his fame, and was 
little disposed to divide professional pre-eminence 
with a rival advocate, or to surrender party as- 
cendency to a political opponent. 

With such an antagonist, already in possession 
of the field, Mr. Van Buren was constrained to 
measure his abilities. Conspicuous leaders of op- 
posite parties, livals in personal interests, profes- 
sional success and political fame, they were prompt- 
ed to the contest by every motive of interest, 
duty and ambition. Accordingly the Courts of 
Columbia county exhibited, during the period allu- 
ded to, the most striking displays of forensic talent 
and the most extraordinary exhibitions of profes- 
sional zeal and industry, on the part of these con- 
flicting champions. The following felicitous jjic- 
ture of their respective peculiarities is from the 
pen of a gentleman who was an eye witness of 
their contests, and who is equally distinguished for 
his professional eminence and the integrity of his 
character.* 

" Never were two men more dissimilar. Both 
were eloquent ; but the eloquence of Williams 
was declamatory and exciting ; that of Van Buren, 
insinuating and delightful. Williams had the liv- 
lier imagination ; Van Buren the sounder judg- 

♦ The Hon. Benjamin F. Butler, Attorney General of the Uni- 
ted States, 



MARTIN VAN BUREN. 61 

menl. The former presented the strong points 
of his case in bolder relief, invested them in a 
more brilliant coloring, indulged a more unlicensed 
and magnificent invective, and gave more life and 
vaz'iety to his arguments by his peculiar wit and 
inimitable humor : but Van Buren was his supe- 
rior in analyzing, arranging and combining the in- 
sulated materials, in comparing and weighing tes- 
timony, in unravelling the web of intricate affairs, 
in eviscerating truth from the mass of diversified 
and conflicting evidence, in softening the heart 
and moulding it to his purpose, and in working into 
the judgments of his hearers the conclusions of his 
own perspicuous and persuasive reasonings." 

The following interesting particulars, from the 
same authentic source, exhibit the honorable prin- 
ciples by which the competition of these distin- 
guished opponents was controlled. 

" Notwithstanding the fierceness of their political 
collisions, their professional business was conduct- 
ed in a spirit of unbounded liberality and chival- 
ric confidence. Legal technicalities were entirely 
disregarded, and every thing that related to the 
mere form of proceeding was acconnnodated by 
each to the wishes and convenience of the other. 
The tendency of this mode of practice to beget 
controversy and mistake, even between friends is 
sufiicicntly obvious : it is therefore a crowning fact, 
one that reflects honor not only upon themselves 
but upon the profession they adorned, that the 
courts were never troubled with a single special 
motion growing out of their conduct as practition- 
6 



62 THE LIFE OB' 

ers ; that no complaint of unfairness attempted ^ 
or advantage taken, or courtesy with!ield,was ever 
preferred by either, and that each has since borne 
ample testimony to the generosity and good faith 
with which he was treated by his adversary." 

The active practice at the bar, in which Mr. 
Van Buren had been hitherto engaged, had some- 
what interfered with the systematic study of his 
profession. He determined, at this time, to a})ply 
himself to legal study with unabating diligence. 
He had always aspired to the highest distinction 
at the bar ; and feeling within him not only the 
desire but the elements of success, he determined 
not to be deficient in any one (juality of a profound 
and accomplished lawyer. Perhaps too," he was 
stimulated to greater effort in this direction, by the 
circumstance that profound legal knowledge was 
not the peculiar distinction of his great antagonist. 
Mr. Williams trusted very much to the natural 
resources of his powerful mind and was led, by 
the brilliancy of his parts, into some impatience of 
thorough legal study. He was rather copious and 
oratorical than closely logical and argumentative. 
With a jury, few could stand before him ; with the 
Court, he did not always command equal success. 

To this branch of his profession, then, Mr. Van 
Buren applied himself with the most intense ardor. 
He purchased a very extensive and well selected li- 
brary which had been the property of an eminent 
lawyer, then deceased, and devoted his best en- 
ergies to a systematic and extended course of 
reading. But he made no parade of his assiduity ; 



MARTIN VAN BUR FA'. 63 

indeed his habits Averc r.ithcr fitted to conceal it. 
During the busy part of the day, he was seen con- 
stantly mingling in conversation or engaged in his 
ordinary business, with those who had occasion to 
consult him. lie mingled with freedom and even 
with zest, in ifie social circle and in more formal 
visiting assemblies: and hi the habitual cheerfulness 
of his manner there was nothing to indicate the 
severe student. He chose that his industry should 
rather ajjpcar by its pro{)er fruits at the bar, than 
be indicated by morose infractions of social cus- 
toms, or the anxious, care worn visage which many 
put on, as an evidence of severe thought. 

But in the stillness of the night, he buried his 
whole soul in the researches of science. At that 
propitious season, he knelt at the shrine of that 
" jealous mistress which allows no rival," and com- 
muned with those eloquent oracles of enlightened 
reason, which are too often allowed to repose in 
silence on the dusty shelf. 

During the seven years he resided at Hudson, 
by laborious practice in the coiu'ts and severe pri- 
vate study, he rapidly advanced towards the high- 
est rank in his profession. In the mean time, his 
extending practice harl conducted him to the high- 
er courts, and to the tribunal of final resort.* He 
thus was brought in contact with the most emi- 
nent members of his profession from eveiy section 

* Tlie first appearance of Mr. Van Buren at tlie bar of the Court 
of Errors, was at tlie May term in the city of JMcw York in 1808, 
in the rase of Wilson an I (libhs i:s. Reed, 3 John son's Itcporh, 
J> 175. 



64 THE LIFE OF 

of the state. Few men of his age entered that 
high arena with equal advantages, either of 
natural parts or of previous study and discipline. 
His success was commensurate with his merits and 
efforts. They who had hitherto known him only 
through the distorted representations of the party 
press, were now forced to the formation of a more 
correct estimate. They felt his powers and dread- 
ed a collision with him. They saw the extent of 
his legal learning and found their utmost industry 
taxed to encounter it. Amid the most distinguish- 
ed talent in the State, his abilities were so con- 
spicuous, and his success so eminent, that in Feb- 
ruary 1815, the republican party having regained 
the ascendency, he was appointed Attorney Gen- 
eral of the state. The preceding incumbent was 
the venerable Abraham Van Vechten, a man emi- 
nently distinguished for his professional merit and 
political influence, and who still survives, the ven- 
erated father of the New York bar. 

The intellectual character of Mr. Van Buren 
at this period, is thus forcibly sketched by the same 
hand that furnished the parallel, before inserted, 
between him and Mr. Williams. 

" Amongst such competitors* it was impossible 
to acquire, still more so to maintain, a factitious 
reputation. Mr. Van Buren's was based on ma- 
terials the most durable. Gifted with a large share 

* Of these competitors it will be sufficient to name Wells and 
Emmet of New York, and J. V. Henry of Albany : men (now 
no more) whose professional eminence is fomiliar to the whole 
American Bar. 



MAIlTiN VAN BURRN. 05 

of good sense, with a quickness of ajipreiicnsion 
almost intuitive, with a nice discrimination, and 
with great accuracy of judgment, and illustrating 
these qualities by powers of reasoning and oratory 
rarely surpassed, he was peculiarly qualified for 
the discussion of those varied and complicated 
questions of law, and of fact, which are so often 
presented for decision in our higher tribunals. It 
was accordingly in the management of important 
cases in the superior courts, that his most success- 
ful efforts as an advocate were made. 

" Whether before a jmy, or the bench, he partic- 
ularly excelled in the opening of his subject. The 
facts out of which arose the questions for discus- 
sion, the nature of those questions, and the mode 
in which he intended to treat them, were always 
stated with great clearness and address. In the 
exposition of his argument he was usually co- 
pious and diffusive, presenting his case in all its 
lights, and bringing to bear upon it every consid- 
eration which could tend to elucidate its merits, or 
cover its defects. Ilis style and manner were ju- 
diciously adapted to the character of his subject, 
and of his hearers; sometimes direct and argu- 
mentative, and at others discursive and impas- 
sioned ; but even in the management of the most 
abstruse legal topics, he was able by the perspicui- 
ty of his statements, the aptness of his illustrations, 
the vivacity and force of his tone and gesture, and 
the felicity of his whole manner, to excite and to 
retain the undivided attention of all classes of his 
auditors. 

6* 



66 THE LIFE OP 

"No one was better qualified to speak with abili- 
ty and effect, upon little, or without any prepar- 
ation ; but no one could be more careft^il or labo- 
rious in his preparatory studies. We mention this 
for the purpose of reminding the junior members 
of the bar, that if they would emulate and equal 
the successful career we have delineated, they 
must rely, not on genius alone, nor on general 
knowledge, or a diversified experience, but on the 
surer aids to be derived from a perfect acquaint- 
ance with their subject and a careful premedita- 
tion of what they are to say." 

In April 1812, Mr. Van Buren had been elect- 
ed a member of the State Senate from the then 
Middle District. By tliis election, which will be 
more fully noticed in another place, he became a 
member of the Court for the Revision of Errors. 
His first sitting as a member of that august body, 
was at Albany, in March 1813. During that ses- 
sion, he delivered a very learned and elaborate 
opinion, in the case of Barry vs. Mandell, report- 
ed in the tenth volume of Johnson's Reports, page 
575. It will not be proper to cml)ody many of his 
legal arguments or opinions in the present work ; 
but the following extract from the case above cit- 
ed, will show his sentiments at that early period 
on a topic of great interest, and which has for ma- 
ny years occupied the attention of another eminent 
statesman, whose name is closely connected, at the 
present moment, with that of Mr. Van Buren. 

" Permit me next, respectfully to examine with what 
propriety it can be alleged, that escapes of this description 



MARTIN VAN BUREN. 67 

are so far against the policy of the statute, as to render 
the construction of the Court below, proper and necessa- 
ry. As it has truly been renmrked, 'this Statute was 
passed for humane purposes ;' it was among the first con- 
cessions which were made by that inflexible spirit, which 
has hitherto maintained its hold upon society, authoriz- 
ing imprisonment for debt. Coeval with the authority of 
imprisonment for debt, have been the exertions of men of 
intelligence, reflection and philanthropy, to mitigate its 
rigor ; of men who viewed it as a practice fundamentally 
wrong, a practice which forces their fellow creatures 
from society, from their friends and their agonized fami- 
lies, into the dreary walls of a prison ; which compels 
them to leave all those fascinating endearments, to be- 
come an inmate with vermin ; which confines them with- 
in the same walls which contain the midnight incendiary 
and the ruthless assassin; not for crimes which they have 
committed ; not for frauds which they have practised on 
the credulous and unwary ; (for such distinctions are not 
made ;) but for the misfortune of being poor ; of being 
unable to satisfy the all-digesting stomach of some raven- 
ous creditor ; of men who looked upon the practice as 
confounding virtue and vice, and destroying the distinc- 
tion between guilt and innocence, which should unceas- 
ingly be cherished in every well regulated government." 

As Mr. Yaa Burcn held the office of Attorney 

General during a considerable portion of the peri- 

I od that he was a member of the State Senate, his 

] opinions in the Court of Errors are less frequent 

I than they woidd otherwise, probably, have been. 

In 1816, on account of the duties of his office 

I as Attorney General, and the increase of his pro- 

j fessional business, he removed from Hudson to Al- 

I bany. From this time forth, his professional occu- 

j pations w'ere very pressing and lucrative. His 

name appears in the Reports of the Supreme 

Court and Court of Errors, in the State of New 

York, in a large number of the most important ca- 



C8 THE LIFE OF 

ses. He became the frequent associate and an- 
tagonist of such men as Aaron Burr, Thomas Ad- 
dis Emmet, John Wells, Samuel Jones, Thomas J. 
Oakley, J. V. Henry and Abraham Van Vech- 
ten ; — names familiar to the American people. — 
For some years preceding his final withdrawal 
from the bar, his practice, it is believed, was un- 
surpassed in its extent and responsibility, by that of 
any lawyer in his native state, and perhaps in the 
United States. Thus, after nearly twenty yeai's 
of unremitted industry, the highest wishes of his 
early life were crowned with complete fruition. — 
Wealth, influence and fame, were the natural 
fruits of his successful exertion. His natural tal- 
ents had reached their full expansion ; his labori- 
ous industry exhibited its attendant results ; and 
amid a constellation of great minds, whose bril- 
liant efforts erected and adorned the fabric of New 
York jurisprudence, the vigor of his intellect, and 
the richness of his learning, won for him a con- 
spicuous and acknowledged eminence. 

It is to be regretted that no provision is made, 
in this country, to preserve the best specimens of 
forensic eloquence. The arguments of counsel, 
addressed to the court, are briefly given by re- 
porters, but are seldom interesting to any but pro- 
fessional readers. But the best speeches of every 
eminent lawyer are addressed to the jury, and 
these are seldom preserved. It is not known to the 
writer that any of Mr. Van Buren's speeches be- 
fore a jury, during his long course of practice, have 



MARTIN VAN BUREN. 69 

been reported. And of his legal arguments, 
seldom any thing more than a bare statement of 
the case and a reference to the authorities, is given 
in the Reports. In the case of Varick against 
Jackson, which was tried in the Court of Errors, 
at Albany, in 1828, and is reported by Mr. Wen- 
dell, in his second volume, page 166, the argument 
of Mr. Van Buren on one of the most profound 
and difficult questions ever brought before that 
Court, is given somewhat at length, and, as it is 
said, with great fidelity. It extends through twen- 
ty-three pages ; and the professional reader may 
be referred to it, as a fair specimen of the learning 
and talent which he brought to the discussion of 
topics of this nature. Aaron Burr, who was sen- 
ior counsel on the same side, apparently consider- 
ing the subject as exhausted, declined making any 
additional remarks on the main questions in contro- 
versy. 

In the case of Wilkes vs. Lion, argued before 
the Court of Errors, at Albany, in December 1823, 
and reported in the second of Cowen, page 333, 

j the speech of Mr. Van Buren is given at length. 
This was a case of great interest and impor- 
tance : in reference to a prominent point involved 
in it, Chancellor Kent is said, by the Reporter, to 
have remarked : " this may well be considered a 

.'grave and important question, demanding the ut- 
most care and attention on the part of this Court ; 
for it was said on the argument, that property, to 
the amonnt of half a million of doll a rx, depended 



70 THE LIFE OF 

upon the decision to be made in this case." Aaron 
Burr was also associated with Mr. Van Buren in 
the trialof this case, and the opposing counsel were 
►S. Jones of New York, and Samuel A, Talcott, 
then Attorney General. The argument of Mr. 
Van Buren extends through seventeen pages of 
the Report, and upon his conclusion, Mr. Burr re- 
marked that " he should add but little on the three 
first points of the defence ; the ability with which 
all the points had been examined by his associate, 
forbade his saying much in relation to either." 

The argument of Mr. Van Buren in this case, 
may be particularly commended to the attention of 
professional readers, as an example of his exceed- 
ing clearness and felicity in opening an intricate 
case. 

The following extracts from this argument will 
be interesting to the general reader, as they may 
be understood without an al)stract of the case, and 
exhibit a fair specimen of the manner in which the 
speaker treated subjects of this nature. 

After a fidl and clear statement of the facts, Mr. 
Van Buren said : 



" This cause was brought before tlie Superior Court, 
and the questions wliich it involved, upon the limitations 
over, were considered as of a familiar, every day charac- 
ter; but in Aiiden^on vs. Jachsov, they were, fur the iirst 
time, before this Court. Gentlemen were then heard up- 
on them in another man's cause, depending upon tlie iden- 
tical clause now under discussion; and the decision of the 
Supreme Court in our favor, was 'affirmed upon the very 
principle involved in the first point. * * * 

" The decision, there, is said to have been erroneous, 
and that is the great and only material question in this 



MARTIN VAN BUREN. 71 

rause. That decision I am called upon to support: and I 
proceed to do it, with tiic greatest pleasure, because tliis 
Court consent to hear me. It is perhaps proper, as the 
late Chancellor Kent gave a verv long and learned opin- 
ion, sustained by a respectable minority, against the ma- 
jority who gave the judgment. I also owe it as a matter 
of respect to this Court, to show that its decision is not to 
be shaken." 

He then furnishes a brief review of the various 
decisions upon the same principles, down to the 
case of Anderson vs. Jackson, and proceeds : 

"But we shall be told that the decision in Anderson vs. 
J«fA-so??, was not unanimous. True, it was not so; a fact 
which we looked upon as somewhat strange; for we had 
supposed the principle of that case as well settled as any 
one in the law. And it was peculiarly unfortunate that 
the opposition should come from that very quarter in 
which we had reposed our rights. Yes, the late Chief 
Justice, (then Chancellor,) Kent gives an opinion which 
occupies nearly thirty pages in the report, to show that 
the decision of the Supreme Court had been grossly er- 
roneous! 

" How stood the point, upon autliority, on coming into 
this Court? The parties came here to litigate a principle 
so fully and plainly established, in the Supreme Court, 
that the decision of the cause, there, though involving a 
large amount of property, \vas not deemed worth report- 
ing. You saw that principle concurred in by Kent, Chief 
Justice, Thompson, Chief Justice, and Spencer, Van 
Ness, Yates, and Piatt, Justices; after a series of discus- 
sions almost unparalleled in the history of any principle 
in our law. You saw the same question arising and the 
same principle established in neighboring stales. From 
every source, opposition was hushed; not only with men 
of books, but in the common walks of life. You knew 
that thousands of wills had been made upon that very 
principle, and that if vou unsettled the rule, you opened 
Pandora's box. You knew it to be more important that 
the law should be settled, than how it should be settled. 
You secured to us a principle which had been established 
in the mind of every man for a long time; and you were 



72 THE LIFE OF 

right, for the contrary woukl have been incalculably mis- 
chievous. 

" But the propriety of your course Avas questioned by a 
long opinion from the late Chancellor, professing to show 
this series of adjudications by the most enlightened tribu- 
nals in the state, to be legal heresy. It is my duty to ex- 
amine that opinion. I confess I do this with reluctance. 
It was this, and not any fears from its effect, which led me 
to join in the preliminary objection made by my associate, 
against this point being heard. In this, we were over- 
ruled. The opinion lies in our way and we must travel 
over it. 

" With deference, then ; — it is an opinion inconclusive 
in all its parts, and of the tiL'entij-siJ.' cases upon which it 
is founded, there is but one which gives color to it. * * 

" It was, at least, to have been expected from the late 
Chancellor, that he would have shed a new ray of light up- 
on the question, putting doubt at defiance. But I repeat 
it, out of twejihj-si.v cases relied on by him, Chaduckvs. 
Cowley, alone, is against us." 

After an elaborate review of the cases cited by 
the Chancellor, he proceeds: 

" How then, stands the question ? Does not the word 
survivor, rescue this case from the general principle '? Is 
it not clearly so ? — This court then decided, rightly, in 
Anderson vs. Jackson. For four years the law has been 
fixed by a court of dernier resort. Men have gone to 
their graves after having settled their estates upon the 
principles which you have promulgated. If erroneous, it 
is because the decision was made by men. You ought 
not to affirm it so much because it was right, as because 
it was law. There is hardly a will settling real estate 
which does not contain the disposition in question. It is 
the most common case in a devise. You have not the 
moral power to change your ground, because it is not 
right. Who can know what the law of this state is, un- 
less your decision is final ? Shall we look into your de- 
cisions under the idea that they are to be overturned by a 
ne w set of men who shall come here to-morrow ? A change 
of decision with a change of men would be a less evil in 
the Supreme Court of this state, or of the United States, 
because from the tenure of the Judges' office, frequent 



MARTIN VAN BUREN. 73 

rhungcs are not to be looked for. This Court may change 
once in four years.* Are we barely enabled to say, 
' these words meant a definite failure of issue yestesday, 
but whether this will be the law next year, I will tell you 
after election V The law of discretion, with the best of 
men and the best of judges, is, more or less, the creature 
of prejudice or passion. Your decisions should be. as stable 
as l/te constitution ; they should be so, in order that the 
suitor may, at least, see one spot where there is an end of 
uncertainty." 

The last appearance of Mr. Van Buren before 
a jury, is said to have been in tlie trials of the cel- 
ebrated Astor case, and the case of the Sailors' 
Snug Harbor, in the city of New York, in the fall 
of 1827. During the trial of the latter case, Mr. 
Emmet fell in an apoplectic fit from which he ne- 
ver recovered. 

Mr. Van Buren's last effort at the bar was in 
the case of Varick vs. Jackson, argued before the 
Court of Errors at Albany, in the spring of 1828. 
At that point his professional career was interrupt- 
ed by his political promotion. In connection with 
the former, however, it may be proper to remark 
that he was removed from the office of Attorney 
General, in .July, 1819, his political opponents hav- 
ing gained the ascendency in the council of ap- 
pointment. He had discharged the duties of the 
office with ability, for more than five years. His 
friends regained their influence the following year, 



♦ The Senators of the state of New York, eligible every four 
years, together with the Lieutenant Governor, Chancellor and 
Justices of the Supreme Court constitute the Court for tiic correc- 
tion of Errors. 

7 



74 THE LIFE OF 

and a re-appoinlnicnt to the same office was ten- 
dered to him, but declined.* 

Thus has been presented a summary view of 
Mr. Van Buren's progress at the bar, during more 
than a quarter of a century. We liave seen him 
commencing the practice of his profession in his 
native village, in his twenty-first year, amid em- 
barrassments which could only have been overcome 
by extraordinary perseverance and energy. It 
has been truly said by a great philosopher of mod- 
ern times, that " it belongs to the essence of every 
thing wiiich is strong, to develope itself, to realize 
itself." This is strikingly evinced in the subject 
of the present narrative. We have seen his pro- 
gress from his native village to the capital of the 
county, and thence to the capital of the state. 
We have seen him, gradually but steadily, rising 
in tiie ranks of his profession, by the force of 
his talents and his persevering industry, until he 
was called to exercise the functions of the highest 
law office in the state. We have seen him ascend 
from the humblest judicial tribunal to the court of 



* Mr. Van Biircn was married in 1806 to Miss Hannah Hoes, 
sister of his brother in law, Barent Hoes, Esq. She was dis- 
tantly related to him before their marriage. The intimacy which 
resulted in this union was formed in very early life and was con- 
summated amid circumstances highly creditable to the steadfast- 
ness of his attachments, as soon after his admission to the bar as 
seemed to be prudent. His ardent attachment to her was evinced 
on all occasions until the period of her decease, by the consump- 
tion, in 1818. A gentleman of high distinction who knesv her 
intimately, from her earliest years, says, in a letter to the present 
writer '■ there never was a woman of a purer and kinder heart." 



jVTARTIN van EUPxEN. 75 

final resort. We have seen him encounterinff an- 
tagonists of tlie most eminent abihlies, at every 
step of his progress, and finally enrolling his name 
in the illustrious catalogue of great men, who, in 
the first quarter of the present century, gave such 
distinction and splendor to the judicial tribunals of 
New York. After such an exposition of his suc- 
cess, amid such circumstances, to assert for him a 
claim to pre-eminent talent, would but detract from 
the demonstration afforded by the narrative.* If 
it be true that intrigue, without merit or talent, 
may sometimes secure political distinction, it must 
at least be universally admitted, that eminence in 
the legal profession can only be gained by great 
ability and great industry. In these lay the secret 
of Mr. Vrn Buren's success. Such and such only 
was the magic by which he rose to eminence. Let 
those who envy his success rather emulate his 
example, Ecjual industry united with equal talent 
may be certain of an equal reward. 



* "lategritatcm atque al)stinentinm iiUanto viio ri'ffnv, injuria 
,irtutum futrit." Vila Agrico'.ae. 



C H A P T E R V 



Mr. Van Buret's fiml Oireuci/ in political affuiri^. fs 
active in supporting tin election of Jcffcvfton. Is del- 
egate to a county convention in his nineteenth year. 
His first appearance as an elector, t'iiipports Lewis 
for (Sovernor in 1801; and Tompkins in 1807. Is 
appointt-d Snrrogalc of Columbia Connty. Opposes 
the renewal of the charter of the Bank of the CJ. S. 
and the chartering of the Bank of A m erica. Is tU'cted 
a member of the State Seriate. 

It must be obvious to the most cursoiy observer 
of passing events that tiie great body of the people, 
throughout the world, and especially in this coun- 
try, are rising against all extraneous and artificial 
restraint, and are daily becoming more and more 
" a law unto themselves.*'* 



* In 1828, it was said by the greatest philosopiier of modern 
Europe: "The human race is, this day, assuming tiie robe and 
ensigns of virility; it has determined to see clearly into more 
thint^s than one, which have hitherto been kept in darkness by the 
respect for former years. I coniess I am myself among the num- 



78 THE LIFE OF 

This must be a startling truth to those who be- 
lieve in the folly, depravity and ignorance of the 
great mass of mankind. It is the theory of our 
government that all men are politically equal and 
that the supreme political power resides in the peo- 
ple. Few persons openly deny these principles, 
though many practically resist them; and perhaps 
the full extent to which they reach has not yet 
been fully appreciated by the most enlightened 
minds. 

It is true that an individual, taken at random 
from the mass, may seem incompetent, in most 
instances, to the management of legislative affairs; 
but after all, the aggregate voice of the majority is 
the final and supreme standard of political truth. 
Just as in the estimates of the duration of human 
life or of the results in a game of chance, the age 
of a single individual or the throw of a single die 
furnishes no certain basis of calculation; yet when 
great numbers are considered certain estimates may 
be formed of general results. So in political mat- 
ters; how erroneous soever individual opinions 
may appear, experience has shown and reason 
would demonstrate, that the general conclusions 
derived from the aggregate voices of a great people, 
are always right. 



ber of those whom such an exhibition fills with gratitude to the 
providence of God, for having given them birth in an epoch, 
wherein it has pleased him, gradually, to elevate to the highest 
degree of intelligence, a greater number than ever of their fellow 
men." Cousin's Intro. Hist. Phil. Lee. II. 



MARTIN VAN BUREN. 79 

From the doctrine of popular supremacy it fol- 
lows, that the nature of a political office, in this 
country, is the exact opposite of a similar francliise 
in aristocratic governments. Office holders are, 
here, the servants and not the rulers of the people. 
The real monarch is the private citizen; the private 
station is the real post of honor. The American 
private citizen has no political superior upon earth. 
Hence, in foreign countries, the people are not his 
equals; he is of the same rank v^^ith their monarchs. 
The office-holder in this country is in a state of 
obedience; his constituents are masters. If these 
truths were duly appreciated, there would be less 
scrambling for the privilege of becoming every 
body's servant. It would be felt that the station 
most worthy of tlie character of a freeman, is that 
of a private citizen. 

Nothing more distinctly characterizes the two 
great parties in this country, than the relation in 
which they respectively stand to their political 
leaders. The anti-democratic party, regarding 
government as a matter too important and intricate 
to be trusted to the integrity and capacity of com- 
mon people, cast around for great men to sustain 
its functions and regulate its principles. Distrust- 
ing the capacity of the ])eople for self-government, 
they search after men of splendid talents to govern 
them. Destitute of self-reliance, they grope about 
for some independent spirit whom they may follow 
as a guide. They love to be governed; they feel 
great reverence for high birth, wealth and station; 
and delight to do homage to some political idol. 



80 THR LIFK OK 

Their leaders are, ollen, men of powerful intellect, 
ardent feelings and lofty ambition. They are 
never hampered by the instructions of their con- 
stituents, who are content to submit themselves to 
the discretion of those whom they appoint to office. 
The democratic party sustain a very dift'erent 
relation to the men whom they put in office. 
Their sympathies are most strongly drawn towards 
the individual who can best embody and express 
the spirit of their own principles, Tliey want, for 
public office, servants and not masters; agents 
who will execute their will and not dictators to 
control it. The individual is nothing; his individ- 
ual merits or demerits are nothing. It is only as a 
faithful representative of the pervading feelings 
and principles of his fellow men, their interests 
and their wants, that he is invested with distinction 
and entrusted with the exercise of power. Tie is 
merely in the front of public sentiment, not its 
director or governor. It is his func^tion to embody 
and display the spirit of liis age and nation, and 
while he may seem to lead public sentiment 
he is merely borne forward by its tide. The sen- 
timents which are common to the great mass, but 
which exist in ordinary minds in more or less indis- 
tinctness and confusion, are. in his example, devel- 
oped, illustrated and brought into action. Appar- 
ently a leader, he is, in fact, but the representative 
of the general spirit of his age and of the great 
mass of the people with Avhom he is connected. 
Between him and the body of his fellow men there 
exists an interior, spontaneous and irresistible 



MARTIN VAN BUREN. 81 

syinpalhy; a symjmthy which directs them to him 
as a fit agent to demonstrate and execute their own 
feelings and will. As the personification of their 
own most sacred convictions, they regard him with 
confidence, enthusiasm, devotion. They recog- 
nize in him the spirit of their time, the very spirit 
of themselves; and every energetic display of his 
principles awakens a kindred response of feeling in 
their own bosoms. 

This is the true secret of the unbounded confi- 
dence reposed in our present chief magistrate. He 
embodies and represents, more completely and fully 
than any other man, the spirit of the age and nation. 
This is the only unerring characteristic of a truly 
great man. Devotion to a faction may wm reputa- 
tion; notoriety will follow the exhibition of striking 
parts; but true greatness consists in embodying 
the feelings, securing the confidence, and command- 
ing the admiration of the great mass of the people. 

This feeling of confidence and sympathy, on the 
part of the great majority of the people, has ac- 
companied Martin Van Buren from the first peri- 
od of his entrance upon the arena of political Hfe. 
Guided by his OAvn internal convictions of right 
and wrong, of truth and falsehood, he has never- 
tiieless had the good fortune to refllect as in a mir- 
ror, the sentiment and spirit of the nation and the 
epoch, Mr. Van Buren's complete identity with 
Ihe popular cause in the earliest part of his life, 
has been alluded to in the former part of this nar- 
rative. 

His first active participation in political aflfairs 



82 THE LIFE OP 

was in tlie great contest which preceded the eleva- 
tion of Mr. Jefierson to the presidency, in 1801. — 
He was, at that time, a student at law in Kinder- 
hook, and espoused the interests of the democrat- 
ic cause with the greatest ardor. Ilis early devotion 
to the popular cause secured him the confidence and 
esteem of the democratic party in his native town. 
The same feeling soon extended throughout the 
county, and in the winter of 1 800-1 , he was deputed 
by the republicans of Kinderhook to represent their 
sentiments, in a convention of delegates from Rens- 
selaer and Columbia counties, which convened to 
nominate a representative to the State Legislature. 

Thus, we find him at the early age of eighteen 
years, entrusted with the expression of the politi- 
cal views of a portion of the democratic i)ar(y. Jlis 
abilities were put in retjiiisition on that occasion, 
in preparing an address to the electors of the dis- 
trict. 

Similar marks of confidence were reposed in 
him during every year in the remainder of his mi- 
nority ; and he mingled, constantly and actively, 
with the veteran politicians of the county in the po- 
litical contests of the day. 

He entered upon his twenty-first year in the fall 
of 1803, and the ensuing sj)ring, made his fn-st ap- 
pearance at the polls as an elector. At that elec- 
tion, Morgan Lewis and Aaron Burr were the op- 
posing candidates for the olficc of Governoi'. B< »th 
professed to belong to the democratic jiarty ; but 
the latter was arrayed against the general admin- 
istration, and the former was the candidate of the 
majority of Jetlersonian democrats. In this con- 



.MARTIN VAN BUREN. 83 

test, the circumstances of the case imposed upon 
Mr. Van Buren a severe test of his integrity and 
independence. Col. Burr was warmly sustained 
by many leading politicians in Columbia county, 
among whom were some of Mr. Van Buren's 
warmest political friends. During his own resi- 
dence as a student at law, in the city of New York, 
he had received many flattering marks of attention 
from the then Vice President, who embraced 
among his most zealous personal and political 
friends, Mr. William P. Van Ness with whom Mr. 
Van Buren was a student. But true to his own 
principles and the spirit of his party, he gave his 
vigfjrous and unhesitating support to Mr. Lewis, at 
the hazard of a temporary estrangement from se- 
veral valued friends, who had hitherto also repre- 
sented the feelings of the democracy. 

In 1807, the antagonist candidates for the office 
♦ if Covcrnor, were Morgan Lewis and Daniel D. 
Tompkins. The latter, as the candidate of the 
democratic party and the most faithful organ of its 
sentiments, received Mr, Van Buren's most zeal- 
ous and decided support. He was elected by a 
majority of 4085 votes. In 1810, Mr. Tompkins 
received from ]Mr. Van Buren a similar support. 
Indeed the views of these two eminent politicians 
appear to have been strikingly similar to each oth- 
er on the leading [)olitical questions of that period. 

In 1808, Mr. Van Buren was appointed Surro- 
gate of Columbia county, and retained the office 
until February, 1813 ; when his political opponents 
having regained a temporary ascendency, he was 
promptly removed. 



84 THE LIFE OF 

As the election of Mr. JcfTerson had called forth 
the earliest exertions of Mr. Van Burcn, his ad- 
ministration received during its whole course, his 
unremitting support. Never for a moment did he 
waver or relax in his exertions. The democratic 
principles which gave the first direction to his poli- 
tical course, continued to be his steady i-ule of ac- 
tion. In that gloomy period, when the threatening 
aspect of our foreign relations, suspended com- 
mercial intercourse and forbode ruin to the enter- 
prize and industry of our countiy, he shrunk not 
from the firm supportof the firmest measures. The 
non-intercourse act, the embargo and every effi- 
cient measure of the administration for the security 
of our national rights, received his hcai'ty concur- 
rence. In the forcible language of another : — 
" His support of the government was not merely 
active but zealous ; nor was his the zeal of ordina- 
ry men. It absorbed his whole soul ; it led to un- 
tiring exertion ; it was exhibited on all occasions 
and under all circumstances. Neither the con- 
tumely of inflated wealth, nor the opposition of in- 
vidious talent, nor the weekly revilings of a licen- 
tious press, could awe it into silence or soften it to 
moderation." 

In the mean time, his political influence and re- 
putation was rapidly extending beyond the county 
of his residence. At a political meeting in Alba- 
ny, in 1811, consisting principally of the republi- 
can members of the Legislature, ]Mr. Van Buren 
was present, and took a leading part. 

At this period, the question of the renewal of the 



MARTIN VAN BUREN. 85 

charter of tlie first Bank of the United States was 
violently agitated. That charter expired on the 
4th of March 1811. On the 2d of March 1809, 
Mr. Gallatin, then Secretary of the Treasury, 
made a report upon the subject, concluding with 
a proposition for the renewal of the Charter. On 
the 20th of February 1811, after a protracted de- 
bate, a vote was taken upon the main question in 
the Senate of the United States, and the members 
were equally divided. The venerable George 
Clinton, then Vice President of the United States, 
sealed the fate of the bill, by his casting vote against 
it. This vote was in strict accordance with the 
views of the democracy of the country. It was 
warmly defended and justified by ]Mr. Van Buren. 
When the prospect of the continuance of the 
United States Bank disappeared, application 
was made to the Legislature of New York, 
by a powerful association, to charter a Bank 
in the city of New York with a capital of six 
millions of dollars, and to be called the Bank of 
America. Tlic petitioners supported their appli- 
cation by propositions well calculated to appeal to 
temporary and pecuniary interests : they oflbred a 
bonus of fi)ur hundred thousand dollars, and a loan 
of two millions on easy terms ; propositions which 
were the more opportune, as the great system of 
\ internal improvements in the state had already 
been agitated. It is well known that those I'atiicrs 
of democracy, George Clinton and Daniel D. 
Tompkins, were oi)posed to banking inc<jrpora- 
tionsof almost every kind. Mr. "\'an Buren coir* 
8 



80 THE LIFE OF 

cidcd with tlicni in this sentiment, and it was 
doubtless the general sentiment of the democracy 
of the state. They regarded the Bank of Ameri- 
ca as a substitute for the Bank of the United 
States ; and the latter histitution was never view- 
ed with a friendly eye l)y the democratic i)arty, 

Mr. Van Buren took the strongest ground against 
the proposed incor})oration. 

A convention of the republicans of the county 
was lield in reference to the measure, at which Mr, 
Van Buren delivered a powerful speech against it, 
as a proposition fraught with danger to the public 
weal. The convention adopted a series of resolu- 
tions, prej^ared by him, denouncing the scheme as 
anti-republican and dangerous. 

Such however was the influence exerted by the 
applicants, by open, and as it w as believed, l)y cor- 
rupt, secret means, that in the spring of 1812, the 
most serious indications appeared in the Legislature 
of a disposition to grant the proposed charter. 

In this emergency. Governor Tompkins, with a 
degree of firmness which has few parallels m po- 
litical history, prorogued the Legislature from 
March 27th to the 21st of May. This energetic 
measure received the support of Mr. Van Buren's 
utmost influence and best talents. Upon the re- 
assembling of the Legislature in May, the act was 
passed m the Senate by a majority of three votes, 
embracing the names of Edward P. Livingston and 
Morgan Lewis, as well as of other members of 
the democratic party. It did not however become 



MARTIN VAN BUREN. 87 

a law ; but owed its defeat t<j the firmness of the 
Governor. 

At this juncture, Mr. Van Buren was, for the 
first time, a candidate for an elective office, having 
been nominated as a Senator from the then Mitl- 
dlc District. His opponent was Edward P. Li- 
vingston, a gentleman of eminent worth and talent, 
with powerful family friends, and strong political 
comiections. Circumstances had indeed placed 
him, temporarily in a false position with respect to 
the democracy of the district ; but he received the 
warm support of many who had formerly been 
distinguished in the republican ranks. Of this 
number was William P. Van Ness, who had with- 
drawn a few years previous from the city of New 
York to his native county. 

The opposition to Mr. Van Buren embraced the 
entire federal party ; the former friends of Col. 
Burr and Governor Lewis ; and the partizans of 
the proposed Bank of America. 

The contest was one of the most violent ever 
known in the state, and resulted in the election of 
Mr. Van Buren by a majority of less than two hun- 
dred out of twenty thousand votes. 

Thus, in the thirtieth year of his age, he was 
placed in the highest branch of the Legislature of 
I'.is state ; and from this time forth he has con- 
stantly appeared as a public man. 



CHAPTER VI. 



Mr. Van Buren'.s course in the Se7iate of New York in 
regard to the War and the support of De Witt Clin- 
ton for the Presidency. Supports Tompkins for Go- 
vernorin 1S13. Ilis cntrgctic support of the War. 

Mr. Van Buren's legal term of service in the Sen- 
ate of New York began on the 4th of July 1812. 
His first actual entrance upon the duties of the office 
was in the November following, at a special ses- 
sion of the Legislature convened to choose presi- 
dential electors. His course, at this period, has 
been so fully described by a gentleman whose 
means of information were complete, and whose 
candor and integrity are beyond all question, that 
the present writer would do injustice to the subject 
of this memoir by omitting to adopt that gentle- 
man's own words.* The extracts relate to the 
course of Mr. Van Buren in regard to the nomi- 



* Letter of Hon. Benjamin F. Butler to Ilugli A Garland, Esq, 
of Virjrinia, in March 1^35. 



90 THE LIFE OF 

nation of De Witt Clinton for the Presidency and 
his course in relation to the War. 



" The Republican members of the Legislature of New- 
York, elected in the spring of ISll, resolved, during their 
session in the spring of 1S12, to meet in Convention, for 
the purpose of nominating a candidate for the Presiden- 
cy. Their numerical strength in the two Houses, was 
nearly one hundred. Of this number, eighty-seven met in 
Convention on the 29th of May, 1812, and unanimously 
nominated Mr. Clinton; who, on being informed of the 
nomination, accepted it. Mr. Van Buren was not then a 
member of the Legislature, nor was he in any way con- 
nected with these proceedings. He, hoAvever, concurred 
in the propriety of supporting the nomination thus made 
and accepted — and at the session of the Legislature, held 
in November 1812, in conjunction with a majority of the 
republican members of each branch, he took a decided 
part in the support of Presidential electors, who were vo- 
ted for as friendly to Mr. Clinton, and who ultimately 
gave him the vote of the state. 

" The Republican members of the Legislature of 1811 
— 12, who brought forward Mr. Clinton as a candidate, 
had been themselves nominated and chosen, by the re- 
publican elector.-^ of the several counties and districts, in 
the manner usually adopted in New York, and were con- 
sidered the Representatives of the democracy of the 
state. They and their constituents had supported the 
Administration of Mr. Jeflerson, and that also of Mr. Ma- 
dison, in all the great questions of public policy connect- 
ed with our foreign relations. The great mass of them, 
so far from being opposed to belligerent measures against 
Great Britain, were in favor of a more decided policy 
than had been pursued towards her. 

" In regard to Mr. Van Buren, this Avas peculiarly the 
case. There was probably no person in the state, of his 
own age, Avho had given a more efficient support to the 
measures of the General Government, during the Avhole 
period of the restrictive system, than himself. His co- 
temporaries of all parties, in the county of his residence, 
might be applied to as witnesses, on this point. He was 
an open and decided advocate of all the strong measures 
proposed against Great Britain, during the session of 
Congress of 1811 — 12, the war included. Having been 
born and reared in the same town — having been, from .lu- 



MARTIN VAN BUREN. 91 

ly 1812, until after the peace, an inmate of his family, I 
am able to speak on this subject, from personal knowl- 
edge. No man of cliaracter, acquainted with his course 
and opinions in 1812, will venture to assert that he ever 
expressed a doubt as to the justice of the war, or the ex- 
pediency of engaging in it, at the time it was declared. 

" In supporting the nomination of Mr. Clinton, Mr. 
Van Buren consulted what he believed to be the wish- 
es of the republicans of his state. His efforts, how- 
ever, were confined to New York. With those made 
by the friends of Mr. Clinton, in other states, he had 
no concern. And though, in the choice of electors, 
Mr. Clinton ultimately received the votes of the federal 
members of the Legislature of New York, and was also 
supported by that party in other states, Mr. Van Buren's 
relations to it were entirely unaltered. The hostility to- 
wards liim, of the federalists as a party, in the county in 
which he then resided, was as decided and as violent, dur- 
ing the year 1812, as it had been before, or Avas after- 
wards. Indeed, it has never been withdrawn, nor sus- 
pended, from the commencement of his political career to 
the present day. Occasional exceptions might be made in 
regard to individuals, but not enough to vary the general 
result. 

" Upon the Avhole, it is submitted to the judgment of 
intelligent and candid men, that whether the support of 
Mr. Clinton Avas right or wrong, there is nothing in the 
mere fact of that support, under the circumstances stated, 
to sustain the imputation of opposition to the war. 

" Let me now give you a summary of Mr. Van Buren's 
public course in the Legislature of New York, so far as it 
bears upon this point. As has been stated, he took his 
seat in the Senate of New York, in November, 1812. 

" Until the adoption of the new constitution in 1821, 
the Gov^ernor, instead of a message, delivered a speech 
to the Legislature, at the opening of each session. An 
answer Avas made to the speech, by each House, in Avhich 
the vieAvs of the majority upon the prominent political 
questions of the day, Avere set forth, and thus made the 
subject of discussion, before any legislative measures in 
respect to them, Avere matured. Committees were ap- 
pointed to prepare the ansAver, a majority of whom would, 
it was supposed, be most able and willing to present faith- 
fully the vieAA'^s of the minority of their respectiA'e houses, 
and the strongest man of the minority was usually select- 
ed to oiler a substitute. Aitliough this Avas Mr. Van Bu- 



92 THE LIFE OP 

ren's first apppfirn.nce in any loj^islative body, ho hfinc;, 
with pcrha])s a sin^jle exception, the youngest man tiiat 
had, up to that time, been elected to the Senate, he was 
placed upon the committee, and prepared and reported the 
answer to the Governor's speech. This answer was pub- 
lished by his friends on the occasion referred to. It vindi- 
cated the justice of the war, and urged a vigorous prosecu- 
tion. This, you will observe, was at the very session at 
which electors were chosen friendly to Mr. Clinton. 

"At the ensuing session of the Legislature, which com- 
menced in January 1813, the political relations previous- 
ly existing between Mr. Clinton and Mr. Van Buren were 
dissolved, and never again resumed. The disastrous re- 
sults of the preceding year had then began to press heavily 
on the country, and especially on the state of New York. 
Her course in respect to the war, became therefore a mat- 
ter of the first importance. Mr. Van Buren, from the 
commencement of his legislative career, gave to all war 
measures the most decided and vigorous support. Inde-; 
pendently of his speeches and votes on the lloor of the 
Senate, he took a leading part in the re-nomination of Go- 
vernor Tompkins, and was appointed by the meeting to 
prepare an address to the republican electors in support 
of this nomination. In tliis paper he went at large into 
the causes and grounds of the war, and vindicated, with 
much force of reasoning, and with all the I'ervor of youth- 
ful ]KTtriotism, the indispensable duty and high justice of 
the measure. In the recent compilation of Mr. Emnaons, 
which you may have seen, you may find copious extracts 
from this address. No man I think can read them without 
a decided conviction of the writer's sincerity and zeal. 

" In April, 1813, Governor Tompkins was re-elected ; but 
the federalists obtained a majority in the house of Assembly. 
During the next session of the Legislature, which com- 
menced in January, 1814, Mr. Van Buren was again con- 
spicuous during the war, and as the popular branch was 
in the hands of the opposition, the course of the Senate be- 
came doubly important. He assisted in carrying through 
the Senate several measures intended to aid the General 
Government in the prosecution of the war, which were re- 
jected by the other house, and in the public conferences to 
which these differences between the two houses led, was 
one of the principal speakers on the part of the senate. — 
At the special session of the Legislature of New York, 
held in September 1814, his efforts, though not more 
zealous, were more efficient and useful — the democratic 



MARTIN VAN DUREN. 93 

party having in the mean limo regained tlicir ascendency 
in the Assenil)ly. This session had been convened by 
Rx(>outive prochnuation, in consequence of the new char- 
acter whicii liad been given to the war during the year, 
and of the exposed condition of the state. The answer of 
the Senate to the speech of the Governor, again prepared 
by him as chairman of the committee, and which you 
will also find in the compilation of Mr. Emmons, re- 
affirmed the justice of the contest on our part, adverted to 
the eventful nature of the crisis, its dangers, and its du- 
ties, and pledged to the state and Union, the active co- 
operation of the Senate. I think, on perusing it, you will 
agree that it was in keeping with the character and exi- 
gency of the times. 

" During this special session, Mr. Van Buren matured, 
brought forward and defended in debate, several Avar 
measures of the strongest character. Of these, the most 
prominent was ' An act to authorize the raising of troops 
for the defence of the state,' which passed both houses, 
and being approved by the Governor, became a law on the 
24th of October ISli. It authorized the Governor to 
place at the disposal of the General Government, 12,000 
men for two years, to be raised by suitable classifications 
of the militia of the state ; but with such improvements 
in its details as to avoid many of the inequalities and other 
objectionable features of the former system of militia 
drafts. This law has been truly characterized by Col. 
Benton, in his late letter to the committee of the Missis- 
sippi Convention, ' as the most energetic war measure 
ever adopted in this country.' In the Legislature, it en- 
countered the most strenuous opposition, which was con- 
tinued after the adjournment of that body, and until the 
restoration of peace. A copy of it was, soon after its in- 
troduction, delivered to Mr. Monroe, then Secretary of 
War, and it would seem to have suggested to that gentle- 
man some portion of the plan submitted by him to Con- 
gress, in his report of the Joth of October 1814. 

" At the ensuing session of the Legislature, Avhich com- 
menced in .January 1815, Mr. Van Buren again took the 
lead in support of the war ; and was actually engaged, as 
chairman of a committee, appointed on his motion, to 
consider whether any additional provisions were necessa- 
ry to carry the classification law, into immediate and suc- 
cessful ojieration, in the deliberations of that committee, 



94 THE LIFE OF 

when the news of peace was received at the seat of go- 
vernment. '"■ 

In the above extract it is stated that Mr. Van 
Biircii supported the re-election of Governor Tomp- 
kins in 1813. He was chairman of tlie commit- 
tee which made the nomination, and the following 
extracts are from an address to the republican 
electors, written by him and adopted by the con- 
vention. 



"Fellow Citizens — It is not to the arbitrary man- 
Jates of despotic power, that your subiuission is demand- 
ed; it is not to the seductive wiles and artful blandish- 
ments of the corrupt minions of aristocracy, that your 
attention is called — but to an expression and discussion 
of the wishes and feelings of your representatives. 

"You are invited to listen with calmness and impar- 
tiality, to the sentiments and opinions of men who claim 
no right superior to yours, — who claim no authority to 
address you save that of custom ; who would scorn to 
obtain the coincidence of your opinion by force or strata- 
gem, and who seek no influence wdth you, except that 
which arises from conscious rectitude, from a community 
of hopes and fears, of right and of interests. 

" In making this appeal, which is sanctioned by usage, 
and the necessity of which is rendered imperious by the 
situation of our common country, we feel it to be our 
duty, as it is our wish, to speak to you in the language 
which alone becomes freemen to use — the language to 
which alone it becomes freemen to listen — the language 



* The original draft of the Classification Law, in the hand- 
wi-iting of Mr. Van Biiren, is still on file in the office of the Clerk 
of the Senate of New York, with the following amendment, also 
in the handwriting of Mr. Van Buren : 

'• The original Classification Bill, to Ije preserved as a memento 
of the patriotism, intelligence and firmness of the Legislature of 
1311—15. 

M. V. B. Albany, Feb. 15, 1815." 



MARTIN VAN BUREN. 95 

ul liuili ami sinct-rity ; — to speak to you of thint^^s as they 
are and as tliey should be, — to speak to you with unre- 
strained freedom, of your rights and your duties, — and if 
l)y so doing we shall be so fortunate as to convince you 
of the correctness of the opinions we hold ; to communi- 
cate to you the anxious solicitude we feel i'or our country 
and its rights ; to turn your attention from the minor con- 
siderations Avhich have hitherto divided, distracted, and 
disgraced the American jjcople, and to direct it exclusive- 
ly to the contemplation and support of your national honor 
and national interests, our Jhsl and only object will be 
elfected. 

" That tempest of passion and of lawless violence 
which has hitherto almost exclusively raged in the coun- 
tries of the old world,which has ravaged the fairest portions 
of the earth, and caused her sons to drink deep of the cup 
of human misery — not satiated by the myriads of victims 
wliich have been sacrificed at its shrine, has reached our 
hitherto peaceful shores. After years of forbearance, in 
despite of concessions without number, and we had al- 
most said, without limitation, that cruel and unrelenting 
s[)irit of oppression and injustice which has for centuries 
characterized the spirit of the British cabinet, overwhehu- 
ed nation after nation, and caused bumanity to shed tears 
of blood, has involved us in a war, — on the termination 
of which are staked the present honor, and the future 
welfare of America. 

" While thus engaged in an arduous and interesting 
struggle with the open enemies of our land from Avithout, 
the formation of your government requires that you should 
exercise the elective franchise, — a right which in every 
other country has been destroyed by the ruthless hand of 
povv'er, or blasted by the unhallowed touch of corruption ; 
but which, by the blessings of a munificent Providence, has 
as yet been preserved to yuu in its purity. 

"The selection of your most important functionaries 
is at hand. In a government like ours, where all power 
and sovereignty rests with the people, the exercise of this 
right, and the consequent expression of public interest 
and public feeling, is on ordinary occasions, a matter of 
deep concern, but at a period like the present, of vital 
importance ; — to satisfy you of that importance, and to 
advise you in its exercise, is the object of this address. 

" Fellow Citizens — Your country is at war, and Great 
Britain is her enemy. Indulge us in a brief examination 
of the causes which have led to it ; and brief as from the 



9G THE LIFE OF 

necessary limits of an address it must be, — we yet hope 
it will he found sufficient to convince every honest man, 

of THE HIGH JUSTICE AND INDISPENSABLE NECESSITY OF THE 
ATTITUDE, WHICH OUR GOVERNMENT HAS TAKEN ; OF THE 
SACRED DUTY OF EVERY REAL AMERICAN TO SUPPORT IT IN 
THAT ATTITUDE, AND OF THE PivRRICIDAL VIEWS OF THOSE WHO 
REFUSE TO DO SO." 

The address then gives a rapid and eloquent 
sununary of the causes of the war, and alludes to 
the re-enactment, by the British government, of 
the orders in council ; after which it proceeds : — 

" The American people — a people ridi in resources, 
possessed of a hiyh sense of national honor, the only free 
people on earlh — had resolved in the i'ace of an observ- 
ing world, that //lose orders were a direct attack upon 
their sovereiiTufi/ ; that a sidrmissioii to them iirruJrrd a 
surrender of their independence — and a solemn deter- 
mination to adiiere to them, ^vas officially declared by the 
ruler of the British nation. Thus situated, what was your 
government to do ? Was there room for doubt or hesitation 
as to the hostile views of England .'' No. Lest such doubts 
might prevent a rupture, to acts of violent injustice were 
continually added acts of the most opprobrious insult. 
While the formal relations of amity remained yet unbrok- 
en — while peace Avas yet supposed to exist — in cool blood 
an unprovoked attack is made upon one of your national 
ship:;, and several American citizens basely and cowardly 
murdered. At the moment your feelings were at the 
highest pitch of irritation in consequence of the perfidi- 
ous disavowal of Erskine's agreement, a minister is sent, 
not to minister to your rights — not to extenuate the con- 
duct of his predecessor— //»< to beard i/oin- K.recntire — 
to add iiisult to ivjmy ; and to fling covtamely and re- 
proach in the face of the Executive of the Americanna- 
tion, in the presence of the American people. 
r " To cap the climax of her iniquity ; to fill up the meas- 
ure of our wrongs ; she resolved to persist in another meas- 
ure, surpassed by none in flagrant enormity — a measure, 
which of itself was adequate cause of war— a measure 
which had excited the liveliest solicitude, and received 
the unremiltinff attention of every adminisstration of our 



P' MARTIN VAN BUREN. 97 

government, from the time of Washington to the present 
day ; the wicked, the odious and detestable practice of 
impressing American seamen into lier service ; of en- 
tombing our sons "within tlie walls of her ships of war; 
compelling them to waste their lives, and spill their blood 
in the service of a foreign government — a practice which 
subjected every American tar, to the violence and petty 
tyranny of a British midshipman, and many of them to 
a life of the most galling servitude — a practice which 
never can be submitted to by a nation professing claims 
to freedom ; which can never be acquiesced in by gov- 
ernment without rescinding the great article of our safety, 
the Teciprocily of obedience catdjrrolcction between the 
riders and I lie rtiled. 

" Under such accumulated circumstances of insult and 
of injury, we ask again, what was your government to do? 
We put the question not ' to that faction which misrep- 
resents the government to the people, and the people to 
the government ; traduces one half the nation to cajole 
the other — and by keeping up distrust and division, wishes 
to become the proud arbiter of the fortune and fate of 
America,' — not to them, but to every sound head and hon- 
est heart in the nation it is that we put the question, — 
what was your government to do ? Was she basely and 
ingloriously to abandon the rights for which you and your 
fathers fought and bled ? Was she so early to cower to 
the nation which had sought to strangle us in our infancy, 
and which has never ceased to retard our approach to 
manhood? No: we will not for a moment doubt, that 
every man who is in truth and fact an American, will say 
that WAR, AND WAR ALONE, teas our only rrfttge 
from national degradation, — our only course to nation- 
al prosperity. 

'• Fellow Citizens — Throughout the whole period of the 
political struggles, which if they have not absolutely dis- 
graced, have certainly not exalted our character, no re- 
mark was more common — no expectation more cheerfully 
indulged in — than that those severe and malevolent 
contentions would only be sustained in time of peace ; 
that when the country should be involved in war, every 
wish, and every sentiment would be exclusively Ameri- 
can. But unfortunately for our country, those reasonable 
expectations have not been realized, notwithstanding every 
one knows, that the power of declaring war, and the duty 
of supporting it, belong to the General Government ; not- 
withstanding that the constitutional remedy for the remc- 




98 THE LIFE OF 

val of the men to whom this power is thus delegated, 
has recently been afforded ; notwithstanding the re-elec- 
tion of the same President by whom this war was com- 
menced, and a majority of representatives, whose esti- 
mate of our rights, and whose views are similar to those 
who first declared it ; men, who by the provisions of the 
constitution, must retain their respective stations for a 
period of such duration, as precludes a continued opposi- 
tion of their measures without a complete destruction of 
our national interest — an opposition at once unceasing 
and malignant, is still continued, to every measure of the 
administration. 

" Fellow Citizens, these things will not do. They are 
intrinsically wrong; your country has engaged ina war 
in the last degree unavoidable j it is not waged to the 
destruction of the rights of others ; hut in defence of our 
own ; it is, therefore, your bounden duty to support her. 
You should lay down the character of pariizaits, and be- 
come patriots ; for, in every country, 'war becomes an 
occasional duty, though it ought never to be made an oc- 
cupation. Every man should become a soldier in defence 
of his rights ; no man ought to continue a soldier for of- 
fending the riglUs of others.' In despite of truths so 
self-evident, of incentives to a vigorous support of gov- 
ernment so pressing, we yet have to deplore the existence 
of a faction in the bosom of our land, whose persever- 
ance and industry are exceeded only by their inveteracy ; 
who seek through every avenue to mislead your judgment 
and to inllame your passions. 

" Wiien your government pursues a pacific policy, it be- 
comes the object of their scorn and derision ; the want of 
energy in your rulers is decried, as a matter of alarming 
consicknation; the injuries of your country are admitted, 
and the fact is triumphantly alleged that ' the adminis- 
tration cannot be kicked into a war.' When they are im- 
pelled to a forcible vindication of our rights, the cry of 
enmity to peace, of a wish to war with England to serve 
France, is immediately resounded through the land. 
When war is declared, public opinion is sought to be pre- 
judiced against the measure, as evincing a disposition un- 
necessarily to shed your blood, and waste your treasures. 
When it is discovered, that that declaration is accompa- 
nied with a proposition, a just and equitable proposition, 
to the enemy, on which hostilities may cease and peace 
be restored, that proposition is derided as evidence of the 
most disgraceful pusillanimity. No falsehood is consid- 



MARTIN VAN BUREN. 99 

ered too glaring, no misrepresentation too flagitious, to im- 
pose on your credulity, and seduce your atiections from 
your native land. 

" Lest general allegations might fail to effect their unho- 
ly purposes, and consummate their dark designs, specific 
charges are resorted to — calumnies which have again and 
again met the detestation of an enlightened public, are 
periodically brought forward, new dressed, and with new 
authorities to give them credence with you. Among the 
most prominent of those charges, is that of enmity to 
commerce, on the part of the republican administrations. 
Never was there a calumny more wicked. Enmity to 
commerce! We ask, and we ask emphatically, where 
is the evidence of it ? What is the basis on which they 
rest their claim to public confidence ? It is that the admin- 
istration is engaged in a war which they claim to be un- 
popular. What are the causes for which this war is wa- 
ged, and which have hitherto embroiled us with the na- 
tions of Europe 1 They are the violation of our com- 
mercial rights, and the impressment of our seamen ! 
The administration then, are jeopardising their interest 
with the people ; they furnish weapons of offence to their 
adversaries ; they brave all dangers, for the maintenance 
and support of our commercial rights ; and yet they are 
the enemies of commerce ! Can such hase sophistry, 
such contemptible nonsense, impose on the credulity, or 
pervert the understanding of a single honest man 1 

" Suffer yourselves not to be deceived by the pretence, 
that because Great Britain has been forced by her sub- 
jects to make a qualified repeal of her orders, our govern- 
ment ought to abandon her ground. That ground was ta- 
ken to resist two great and crying grievances, the (/e- 
struction of our commerce^ iin(}i inz impressment of our 
SEAMEN. The latter is the most important, in proportion 
as we prefer the liberty and lives of our citizens to their 
property. Distrust, therefore, the man who could advise 
your government at any time, and more especially, at this 
time, — when your brave sailors are exciting the admira- 
tion, and forcing the respect of an astonished world, when 
their deeds of heroic valor make old Ocean smile at the 
humiliation of her ancient tyrant — at such a time, we say 
again, mark the man who would countenance government 
in COMMUTING OUR SAILORS' RIGHTS FOR 
THE SAFETY OF OUR MERCHANTS' GOODS. 

" Next to the cry for peace, the most potent spell which 
has been resorted to, to alarm your fears and pervert your 



100 TTTE LTFR OF 

understandings — is the alleged distresses of the country. 

Fellow-citizens, it has been our object, it is our wish to 
treat you fairly, to appeal to your judgments, not to your 
passions ; and as we hope our address to you hitherto has 
been marked by that character — it is to your consciences 
then that wo appealupon this subject. Is not this clamor 
most unfounded, most ungrateful ? If you doubt that it 
is so, if you hesitate to believ'^e that it originates exclusive- 
ly with the ambitious and designing — spend one moment 
in comparing your situation with that of the major part of 
the civilized world. 

" Fellow-citizens — should those political witlings, who 
are not only ignorant tiiemselves of the leading points of 
controversy in our disputes with the belligerents, but who 
arc uniformly assailing you as men destitute at once of 
spirit and of judgment— should they point to the wars 
Aviiich agitate and have couvu1s(h1 Europe, as arguments 
against the prosecution of that just and necessary one 
which has been forced upon us, w^e know that you will 
indignantly repel the unfounded suggestion. The wars 
of Europe are waged by monarchs, to gratify their indi- 
vidual malice, their individual caprice, and to satiate 
their lawless ambition. Ours is in defence of rights 
which must be defended, or our glory as a nation will be 
extinguished — the sun of our greatness will set forever. — 
As well might it have been said during the revolution, 
that war should not be waged, because wars had desolat- 
ed Europe. The same rights yon /hen fought to obtain, 
yoiiimist now fight to preserve — the contest is the same 
now as it was then — and the feelings which then agita- 
ted the public mind, which on the one hand supported, 
and on the other sought to destroy, the liberties of the 
country, will be seen and felt in the conduct of the men 
of this day. 

" Fellow-citizens — we are compelled to close this ap- 
peal to you. The limits of an address will not permit us 
to do justice to the various subjects which should occupy 
your attention. We are aware that this has been already 
unreasonably extended ; but tlie period has arrived when 
mere words and idle declarations must be unavailing. — 
We have, therefore, felt it our duty to give you, as far as 
practicable, a clear view of your true situation, of your le- 
gitimate duties. Unfortunately for us, Avhen we ought to 
be an united, we are a divided people. The divisions 
which a^fitate us are not as fo men only, but to principle. 
You will be called on af the next election, to choose be- 



MARTIN VAN BUREN. 101 

tween diflerent candidates, not only for the two f^reat offi- 
ces of state, Governor and Lieutenant governor, but for ev- 
ery other elective office — to make a selection which the ac- 
tual situation of your country renders of infinite impor- 
tance. 

" Wc are divided between the supporters and opposers 
of our government. We have witnessed the distressing 
truth, that it is not in the power of circumstances to de- 
stroy the virulence of party spirit. The opposition offer 
for your support, men, who, whatever their private wishes 
may be, are devoted to the support of a party whose views 
and whose conduct we have attempted to delineate. In 
opposition to them, we respectfully solicit your support 
for the men whose nomination accompanies this address, 
one of whom* has for six years served you in the capa- 
city which we now offer him ; the otherf has for many 
years served you in the most responsible situations. The 
notoriety of their merit supersedes the necessity of our 
eulogium — their lives are their best encomiums ; they are 
the true friends of commerce ; their views are, and their 
conduct will be, in unison with the measures of the Gener- 
al Government ; they are the sincere friends of an honor- 
able peace, the firm and energetic opposers of a base sur- 
render of our rights. 

" We respectfully solicit for them your undivided sup- 
port. We solemnly conjure every real friend to his coun- 
try, to reflect on the danger of abandoning his government 
at a period so perilous ; to reflect on the impropriety of 
even indirectly aiding the views of our enemies by con- 
tinuing his opposition to government at a period so event- 
ful. 

" We solicit the honest men of oil 'parties — to remem- 
ber that ours is the last republic — that all the influence of 
the crowned heads of Europe has been exerted to propa- 
gate the doctrine, that a government like ours can never 
stand the rude shock of war ; to reflect that this is the 
first occasion in which this government has been engaged 
in a war, and that the great and interesting questions, 
whether man is capable of self-government, whether our 
republic must go the way of its predecessors, or whether, 
supported by the hearts and arms of her free citizens, she 



* Daniel D. Tompkins. t John Taylor. 

9* 






102 THE LIFE OF 

shall deride the revilings, and defeat the macliinaiions of 
her enemies, are now to he tried. 

" Fellow-cilizcns — In the result of our elections during 
the continuance of this war, these important considera- 
tions are involved, — the question of wno is for his coun- 
try OR AGAINST HIS COUNTRY, must now be tried — the eyes 
of Europe are directed towards us — the efficacy of your 
mild and Avholcsome form of government is put to the test. 
Tu the polh, tiien, and by a united and vigorous support 
of the candidates we submit to you, discharge the great 
duty you owe to your country, preserve for your posterity 
the rich inheritance which has been left you by your an- 
cestors, — that future ages uiay triumphantly point to the 
course you pursued on this interesting occasion, as evi- 
dence that time had not yet extinguished tliat spirit which 
actuated tlie heroes of JJreedti/iHl and of Yorktown ; of 
those who fell at Cavidcii, and of those who conquered on 
the plains oi Saratoga." 

The following answer of the Senate to the speech 
of the Governor at the extra session of the Legis- 
lature in 1814, is from the pen of Mr. Van Buren. 
During this session he was chairman of the com- 
mittee of Ways and Means. 

" To his Excellency, D. D. Tomjilcins, Governor of New York. 

" Sir — The Senate, at the close of their last session, in- 
dulged, in common with their fellow-ciiizx'us, the pleas- 
ing expectation, that before this period the blessings of 
peace upon just and lionorable terms would have been re- 
stored to their country. They have thus far been disap- 
pointed ; and although the mission to which they looked 
for its accomplishment has not yet terminated, the delay 
which has taken j)lace in the commencement of negocia- 
tions, and the spirit of increased hostility manifested by 
the enemy in the prosecution of the war, combine to for- 
bid any confident reliance upon the disposition professed 
by him in the communication which led to that mission. 

" If, in the result, it shall appear, that in these profes- 
sions he was originally insincere ; or that, influenced by 
after circumstances, he delayed the negociations proposed 
by himself, until he should have exerted against us the ad- 



MARTIN VAN BUREN. 103 

dilional means of annoyance which recent occurrences in 
Europe had placed at his disposal — the world will not 
hesitate, in either case, to j)ronoiince upon his conduct the 
sentence of strong and indignant reprobation. 

" The world have already seen, and they cannot but 
have seen with astonishment, that when ambassadors for 
peace, invited by himself, had already crossed the ocean, 
he has given a new and peculiar character to the contest, 
a character of violence and outrage, not only incompatible 
with the feelings of reconciliation, bul,in the highest de- 
gree disgraceful to civilized nations, and repugnant to the 
established rules of legitmiate warfare. 

" Whether this conduct has proceeded from ancient ani- 
mosities now seeking their gratification, in the intliction 
of injuries upon those who once defied and foiled his povi^- 
er — whether from a desire of finding employment for 
troops whom it was not thought prudent to disband at 
home — whether from hostility to our civil institutions, 
and the vain hope of subverting the fair fabric which by 
the wisdom, tlie virtue, and the valor of our fathers, has 
been reared and secured to us — or from a calculation that 
by carrying his arms into the heart of the country, and 
marking his course Avith desolation and ruin, he could 
make an impression on the government which should 
avail him in the proposed negociations, or on the people 
which should be remembered to his advantage in any 
question which should hereafter arise between the na- 
tions — whatever may have been his motives, or whatever 
his expectations, the Senate cannot but exult in common 
with your excellency and the country, that thus far ' Ave 
have sustained the shock with firmness and gathered lau- 
rels from the strife.' 

"Although he has succeeded in penetrating to the ca- 
pitol, his momentary triumph, disgraced as it was by the 
destruction of pul)lic edifices and the subsequent ])lunder 
of a defenceless city, has before this time been embittered 
by the reflection, that by the conilagration of those nuniu- 
ments of art which public spirit and munificence had 
erected, and which were consecrated by the name of their 
illustrious founder, be has kindled a fiame of patriotism 
which pervades every section of the union, which has al- 
ready lit the way to his severe discomfiture, and which 
threatens his complete annihilation, at every assailable 
point of the Union to which his ambition or his resent- 
ment may lead him. 

" The Senate have witnessed with the same admira 



1 



104 THE LIFE OF 

tion, evinced by your exfiellency, the brilliant achieve- 
ments of our army find navy during the present campaign 
— achievements, M'hich, in their immediate effects, have 
been so highly and extensively beneficial to our frontier 
citizens — achievements which have pierced the gloom, 
that for a season obscured our political horizon and dis- 
pelled those fearful forebodings which past disasters had 
excited — exploits which will not suffer in a comparison 
with the most heroic eflorts of the veterans of the old 
world, which have fully maintained if not enhanced the 
proud and enviable fiime of our gallant seamen — exploits 
which have covered the actors in those bright scenes with 
never fading laurels, and which will, until public grati- 
tude ceases to be a public virtue, call for the highest tes- 
timonials which a free people can yield to freemen — un- 
ceasing reverence for the memories of those who have 
died on the field of honor, and acts of unceasing gratitude 
to their heroic survivors. 

" The Senate have seen with great satisfaction, the 
prompt and efficacious measures adopted by your excellen- 
cy to avert the dangers which threatened the state ; and 
believing as they do, that whatever executive authority 
may have been exercised, iov which no legislative provis- 
ion existed, has not only been intended for the promotion 
of the public good, but was rendered indispensable by the 
pressure of existing circumstances ; they cannot doubt 
that the measures to which your excellency has referred, 
will be found to deserve their approbation and support. 

" The Senate cannot forego the opportunity afforded 
them, of uniting with your excellency, in an expression of 
the high satisfaction with which they have witnessed the 
unanimity and patriotism disjjlayed by all classes of the 
community in the present crisis, and the disposition which 
they have manifested to combine their efforts for the maia- 
tenance of national honor and common safety. 

" That on questions of general policy, or the fitness of 
individuals for particular stations, we should ever be ex- 
empted from dilferences of opinion is not to be expected. — 
Divisions like those are inseparable from the blessings of 
our free constitution ; and although sometimes carried to 
an excess which all good men must deplore, they are, 
notwithstanding, generally productive of much national 
good. But to suppose that a people jealous of their rights 
and proud of their national character, would on a question 
of resistino' the aggressions of an open enemy — aggres- 
sions which have polluted our soil, and which threaten the 



MARTIN VAN BUREN. 105 

subversion of those inestiniablo political institutions which 
have been consecrated to freedom by the blood and suflcr- 
ings of their fathers — that on a question of such vital in- 
terest, so well calculated to excite all the patriotism, to 
arouse all the spirit, and to call into action all the ener- 
gies of the nation, they would waste their strength in use- 
less collision with each other — would be a reflection upon 
their discernment and tlieir character, which they can 
never merit. 

" The various other subjects submitted by your excel- 
lency to the Legislature, will receive from the Senate that 
jirompt attention to which their importance entitles them. 

" Tlie important interest which the state of New York 
has in the successful termination of the controversy in 
which we are involved, and the higli destiny to which her 
local situation, the extent and variety of her resources, 
and the valor and patriotism of her citizens, aided by a 
just and liberal policy, may advance her, have been duly 
appreciated by your excellency. The Senate cheerfully 
pledge their best exertions to realize those great and well 
founded expectations ; and relying on the patriotism and 
good sense of the American people, they confidently trust 
that the rights and interests of the nation will be main- 
tained, and that at no distant period the mild reign of 
peace will be restored to our bleeding country." 

The .sessions of the I^egislature iii New York in 
1818 and 1814, exhibited scenes of the greatest po- 
litical violence. The federal party had a major- 
ity in the house of Representatives, but the repub- 
licans had the control in the Senate. Among the 
most prominent members of the latter body were 
Mr, Van Burcn, Nathan Sanford, and Eiastus 
Root. Differing thus in their views of public poli- 
cy, the two branches of the Legislature were often 
in conflict with each odier. Many public acts of 
a patriotic character, which were passed by the 
Senate, were rejected by the House. This led to 
frequent conferences of committees from both bo- 
dies. In these conferences the measures in dispute 



106 THE LIFE OF 

were publicly discussed, and the discussion embra- 
ced the general policy of the administration and 
the expediency of the war. The exciting nature 
of the questions thus debated, the solemnity of the 
occasion, the discussions being conducted in the 
presence of the two houses, and the brilliant tal- 
ents of the parties to the controversy, drew vast 
audiences, and presented a field for the display of 
eloquence unsurpassed, in dignity and interest, by 
the assemblies of ancient Greece. Mr. Van Bu- 
ren was always the leading speaker on the part of 
the Senate ; and by the vigor of his logic, his 
acuteness and dexterity in debate, and the patri- 
otic spirit of his sentiments, commanded great ap- 
plause. A speech which he delivered on one of 
those occasions was so replete with eloquence and 
patriotic views, that a committee appointed by the 
republicans of Albany, formally presented him the 
thanks of the party and requested a copy for pub- 
lication. This request could not be comphed with 
as the speech had been delivered entirely without 
notes. 

Mr. Van Buren's patriotic services during this 
trying period, have been depicted with much truth 
and spirit in the letter of Col. Benton, alluded to in 
a former extract, from which the following passa- 
ges are taken. In refuting the allegation that Mr. 
Van Buren had rendered the republic little service, 
Col. Benton says : 

" Justice to him would require an answer to go further 
back, — to the war of 1812, when he was a member of the 
New York Senate ; when the fate of Mr. Madison's ad- 
ministration, and of the Union itself, depended upon the 



MARTIN VAN BUREN. 107 

conduct of that great state — great iu men and means, and 
greater in position, a frontier to New England, and to 
Canada — to British arms and Hartford Convention trea- 
son ; and when that conduct, to the dismay of every pa- 
triotic bosom, was seen to hang, for nearly two years, in 
the doubtful scales of suspense. The federalists had the 
majority in the house of Representatives ; the democracy 
had the Senate and the Governor ; and for two successive 
sessions no measure could be adopted in support of the 
war. Every aid proposed by the Governor and Senate, 
was rejected by the house of Representatives. Every state 
paper issued by one, Avas answered by the other. Con- 
tinual disagreements took place ; innumerable conferences 
were had ; the hall of the house of Representatives was 
the scene of contestation ; and every conference was a 
public exhibition of parliamentary conflict — a public trial 
of intellectual digladiation, in which each side, represent- 
ed by committees of its ablest men, and in the presence 
of both houses, and of assembled multitudes, exerted itself 
to the utmost to justify itself, and to put the other in the 
wrong, to operate upon public opinion, govern the im- 
pending elections, and acquire the ascendency in the en- 
suing Legislature. Mr. Van Buren, then a young man, 
had just entered the Senate at the commencement of this 
extraordinary struggle. He entered it, November 1S12 ; 
and had just distinguished himself in the opposition of 
his county to the first national bank charter — in the sup- 
port of Vice President Clinton for giving the casting vote 
against it — and in his noble support of Governor Tomp- 
kins, for his Roman energy in proroguing the General As- 
sembly, (April 1812,) which could not otherwise be pre- 
vented from receiving and embodying the transmigratory 
soul of that defunct institution, and giving it a new exist- 
ence, in a new place, under an altered name and modified 
form. He was politically born out of this conflict, and 
came into the Legislature against the bank, and for the 
war. He was the man which the occasion required ; the 
ready writer — prompt debater — judicious counsellor ; cour- 
teous in manners — firm in purpose — inflexible in princi- 
ples. He contrived the measures — brought forward the 
bills and reports — delivered the speeches — and drew the 
state papers, (especially the powerful address to the re- 
publican voters of the state,) which eventually vanquish- 
ed the federal party, turned the doubtful scales, and gave 
the elections of April, IS 14, to the friends and supporters 
of Madison and the war ; an event, the intelligence of 



108 THE LIFE OF 

which was roceivod at Washiugton witli an exultation on- 
ly inferior to that with which was received the news of the 
victory of New Orleans. The new Legislature, now demo- 
cratic in both branches, was quickly convened by Governor 
Tompkins ; and Mr. Van Buren had the honor to bring for- 
ward, and carry through, amidst the applauses of patriots, 
and the denunciation of the anti-war party, the most ener- 
getic war measure ever adopted in our America-the classifi- 
cation bill, as he called it, the conscription bill, as they 
called it. By this bill, the provisions of which, by a new 
and summary process, were so contrived as to act upon 
property, as well as upon persons, an army of twelve 
thousand state troops were immediately to be raised ; to 
serve for two years, and to be placed at the disposition of 
the General Government. The peace which was signed 
in the last days of December 1814, rendered this great 
measure of New York inoperative ; but its merit was ac- 
knowledged by all patriots at the time ; the principle of 
it was a(lopled by Mr. Madison's administration ; recom- 
mended by the Secretary at War, Mr. Monroe, to the Con- 
gress of the United States, and found by that body too ener- 
getic to be passed. To complete his course in support of the 
war, and to crown his meritorious labors to bring it to a hap- 
py close, it became Mr. Van Buren's fortune to draw up the 
vote of thanks of the greatest state of the LTuion, to the great- 
est General which the war had produced—' the thanks of the 
New York legislature to Major General Jackson, his gal- 
lant officers and troops, for their tvonderful, and heroic 
victory, in defence of the grand einporiuni. of the JVcst.^ 
Such was the appropriate conclusion to his patriotic ser- 
vices in support of the war : services, to be sure, not rival- 
ling in splendor the heroic achievements of victorious arms ; 
but services, nevertheless, both honorable, and meritorious 
in their place ; and without which battles cannot be fought, 
victories cannot be won, nor countries be saved. Martial 
renown, it is true, he did not acquire, nor attempt ; but 
the want of that fascination to his name can hardly be ob- 
jected to him, in these days, when the political ascenden- 
cy of military chieftains is so pathetically deplored, and 
when the entire perils of the republic are supposed to be 
compressed into the single danger of a military despotism." 

The classification bill alluded to in the foregoing 
extracts was llic favorite measure of Mr. Van Bu- 



MARTIN VAN BUREN. 109 

ren. A debate was continued during two days, 
in the Senate, on the question whether troops 
should be raised by voluntary enhstnicnt or by 
classification. Messrs. Root and Radclifi' were 
the principal advocates of the former method : and 
Messrs. Van Buren and Hubbard of the latter. — 
On the 12th of October, the principle of classifi- 
cation was adopted by a vote of twenty to eight. 
On the 14th of October, the bill finally passed, and 
provided for the raising of twelve thousand troops 
for two years. 

The principle of raising troops by classification 
is said to have had its origin in New England, dur- 
ing the war of the revolution. Its object is to 
equalize the burden of military duty among all 
classes of the community according to property. 



10 



CHAPTER VII 



Mr. Van Evrf^n^s defence of the Classification bill. la 
appointed Attorney General of Ne^o York. — Gives an 
I efficient support to the project for the Erie and Cham- 

plain Canals. 

After the passage of the classification bill by 
the Legislature, it met with great opposition from 
Chancellor Kent in the Council of revision. On 
the 21st of October he delivered an opinion, em- 
bracing five objections to the bill, which were for- 
tified by his usual ingenuity and learning. The 
opinion of the Chancellor was over-ruled by the 
other members of the council, but his objections 
found their way into the public prints, and coming 
from so respectable a source, were seized upon by 
poHtical partizans, as a means of impairmg public 
confidence in the validity of the laws and in the dis- 
cretion of those who enacted them. 

Col, Samuel Young, who was at that time speak- 
er of the house of Representatives m the New York 
Legislature, and had been the most prominent sup- 



112 THE LIFE OF 

porter of this measure in that body, addressed a 
series of letters to the Chancellor in the public 
prints, in which he defended the measures of the 
democratic party, and the classification bill in par- 
ticular, with signal eloquence and ability. The 
letters were signed Juris Consultus. They were 
replied to by the Chancellor himself, under the 
signature of Amicus Curiae. At this point Mr. 
Van Buren entered into the controversy, and 
replied to the strictures ot the Chancellor under 
the signature o^ Amicus Juris Consultus. He first 
took a general view of several topics connected 
with the controversy, and, in conclusion, minutely 
reviewed the several objections raised by the Chan- 
cellor in the Council of revision, and as Amicus 
Curiae. The controversy, involving questions of 
constitutional law of the greatest magnitude, as 
well as the most exciting political questions, at- 
tracted great attention and drew forth the fullest 
display of learning and ability on both sides. By 
some of Mr. Van Buren's friends, it was deemed 
rashness, on his part, to enter the lists against such 
a veteran in politics and one so profoundly learned 
in constitutional law as Chancellor Kent. The 
result, however, showed that they had not suffi- 
ciently appreciated his powers. His papers ex- 
hibited great ability and research, and he so clear- 
ly demonstrated both the policy and constitution- 
ality of the act, and so completely annihilated the 
arguments of his adversary, that the latter with- 
drew from the contest by the jniblication of a 
" card." 



MARTIN VAN BUREN. 113 

The learning and talent displayed in this con- 
troversy, contributed greatly to his elevation to the 
office of Attorney General of the state, which ap- 
pointment he received in February 1815. He 
was at that time thirty-two years of age. During 
the same session, he was also appointed by the Le- 
gislature, a regent of the University of New York. 

In the spring of 1816, he was re-elected to the 
Senate of the state for the further period of four 
years. 

The project of uniting the waters of the Hudson 
with lake Erie and with lake Champlain, was a 
leading subject of consideration in the Legislature 
of New York, during the winter of 181G. For six 
years previous, there had been a board of commis- 
sioners to make examinations and surveys with a 
view to this magnificent enterprize. During the 
war, it had been impossible for them to prosecute 
the objects of their appointment; but on the 8th of 
March 1810, they laid their surveys and estimates 
before the Legislature, accompanied by a report, 
which recommended the adoption of" such prelim- 
inary measures as might be necessary for the ac- 
complishment of this important object." On the 
21st of March, Mr. Jacob R. Van Rensselaer, from 
a joint committee, made a report to the house of 
Representatives, in favor of the immediate com- 
mencement of both canals, and introduced a bill 
for that purpose. On the 10th of April, Mr. Duer 
proposed a substitute, merely authorizing surveys 
and estimates ; but the bill, as finally adopted in 



10^ 



114 TIIR LIFE OF 

the house on the 13th of April, authorized the im- 
mediate commencement of a portion of the work. 

On the lOth of April, this bill was taken up in 
the Senate. But two days of the session remain- 
ed. On motion of Mr. Van Buren, that portion 
which authorized the immediate commencement 
of the work was stricken out, and the bill was con- 
fine d to the procurement of more accurate survej^s 
and estimates. In support of his motion, Mr. Van 
Buren said it was evident to his mind, that the Le- 
gislature did not possess sufficient information to 
justify the immediate commencement of the work; 
and fearing inconsiderate legislation might preju- 
dice the measure, as a sincere friend to its success, 
he believed a temporary postponement to be the 
safest course. The amendment passed the Senate 
by a vote of twenty to nine and was finally adopted 
by the house. 

On the 1 1th day of April, of the next subsequent 
year, a bill for the commencement of this great 
work finally passed the house of Representatives. 
It was immediately taken up for consideration in 
the Senate. It was strongly opposrd by some 
gentlemen of great abilities, whose constituents 
would probably be aftected in their local interests, 
and was sustained by Mr. Tibbets and Mr. Van 
Buren. The speech of the latter is thus introduced 
by the gentleman from whose report it is here 
extracted.* 



* "Wm. L. Stone, Esq. Editor of the Commercial Advertiser in 
New York, in the Appendix to Hosack's life of Clinton, p. 451. 



MARTIN VAN BUREN. 115 

" This was Mr. Van Buren's great speech of 
the session, and it was indeed a masterly effort. 
I took notes of the whole debate at the time, but 
being then young in the business of reporting, and 
this being the first time I had ever attempted to 
follow Mr. Van Burcn, whose utterance is too 
rapid for an unpractised pen, and whose manner 
was, on that occasion, too interesting to allow a 
reporter to keep his eyes upon his paper, my effort 
was little more than a failure." 

" Mr. Van Buren said he must trespass upon the com- 
mittee, while he stated the general consideration wlji(di 
induced him to give his vote lor the bill. It was a subject 
which had been so fully discussed, and upon which so 
much had been said, that he should deem it arrogance to 
enlarge. The calculations which had been made witii 
respect to the probable expense of the canal, and die ways 
and means for raising funds, were fit subjects for consid- 
eration. But to do ihis he deemed himself incompetent. 
He must place great confidence ujion ihc reports of the 
commissioners upon these points. Mr. V. B. here look a 
brief review of the measures adopted at the last sossiunof 
the Legislature, in relation to the canal, when a bill simi- 
lar to the one now before the Senate, was under conside- 
ration, and stated the reasons why he voted against the bill 
at that time. We then had no calculations made by the 
commissioners so minute as at present- Under these con- 
siderations, he conceived it his duty at the last session, 
to move the rejection of the whole bill relating to the 
commencement of the canal. It was done, and he had 
the satisfaction to find tliat most gentlemen have since 
united with him in his opinion. Now the scene is en- 
tirely changed. We at that time passed a law appointing 
new commissioners, and applying 20,000 dollars to enable 
them to obtain all the information possible. We now 
have the information, and we have arrived at the point, 
when, if this bill do not pass, the project must for many 
years be abandoned. His convictions were, that it is for 
the honor and interest of the state to commence the work 
at once ; we are pledged by former measures to do it. Mr. 



110 THE LIFE OP 

Van Buren hore reviewed the proceedings of former legisla- 
tures upon the subject, during the years 1810, 11, 12, and 
14, when, in consequence of the war, the law appropria- 
ting five millions for the canal, was repealed. He pr»j 
ceeded: — Since that period, new commissioners have been 
appointed, and new authority given, to examine the route 
for the canal, and report at the present session of the Le- 
gislature. A law authorising the commencement of tiie 
work has passed the popular branch of the Legislature, and 
unless we have the clearest convictions that the project is 
impracticable, or the resources of our state insullicient, 
you must not recede from the measures already taken. 
Are we satisfied upon these two points ? We have had 
able, competent commissioners to report, and they have 
laid a full statement before us ; we are bound to receive 
these reports as correct evidence upon this subject. In 
no part of the business have we looked to individual 
states, or to the United States for assistance, other than 
accidental or auxiliary. Mr. Van Buren here made some 
calculations relative to the funds. Lay out of view, said 
he, all the accidental resources, and the revenue from the 
canal, and in completing the work you will only entail 
upon the state a debt, the interest of which will amount 
to but about 300,000 dollars. He then stated the amount 
of real estate within the state now, and what it probably 
would be, if the canal were completed. The tax would 
not amount to more than one mill on the dollar, unless 
the report of commissioners is a tissue of fraud or misrep- 
resentation, this tax will be sufficient, and more than suf- 
ficient, to complete tlie canal. We are now to say that 
all our former proceedings have been insincere, or we 
must go on with the work. The people in the districts 
where we are first to make the canal, are willing and able 
to bo subjected to the expense of those sections. Mr. Van 
Buren contended that the duties upon salt, and the auc- 
tion duties, were a certain source of revenue, and that 
these two sources of revenue would be abundani, and more 
than abundant, forever to discharge the interest of the 
debt to be created. Ought we, under such circumstances, 
to reject this bill ? No, sir; for one I am willing to?go to 
the length contemplated by the bill. The canal is to pro- 
mote the interest and character of the state in a thousand 
ways. But we are fold that the people cannot bear the 
burden. Sir, I assume it as a fact, that the people have 
already consented to it. For six years we have been en 
gaged upon thi:? busines?. During this time our tald(-'s 



MARTIN VAN BUREN. 117 

have groaned willi the petitions of the people from every 
section of our eoimtry in favor of it. And not a solitary 
voice has been raised against it. Ml". V. B. said he had 
seen with regret the divisions that have heretofore existed 
upon this subject, apparently arising Irom hostility to tlie 
commissioners. Last year the same bill, in effect, passed 
the Assembly, the immediate representatives of the people; 
and this year it has passed again. This was conclusive 
evidence that the people have assented to it. Little can 
be done by the commissioners, other than to make a loan, 
before another session. The money cannot be lost — there 
can be no loss at six per cent. We have now all the in- 
formation Ave can wish — we must make up our minds 
either to be expending large sums in legislation year after 
year, or we must go on with the project. After so much 
has been done and said upon the subject, it Avould be dis- 
creditable to the state to abandon it. 

" He considered it the must important vote he evergave 
in his life — but the project, if executed, would raise the 
state to the highest possible pitch of fame and grandeur. 
He repeated that we were bound to consider that the peo- 
ple have given their assent. Twelve thousand men of 
wealth and respectability in the city of New York, last 
year petitioned for the canal; and at all events, before the 
operation would be commenced, the people, if opposed to 
the measure, Avould have ample time to express their wUl 
upon the subject." 

The reporter ackls: "When Mr. Van Buren 
resumed his scat, Mn Clinton who had been an 
attentive listener in the Senate chamber, breaking 
through that reserve which political collisions had 
created, approached him and expressed his thanks 
for his exertions in the most flattering terms." 

It will be proper, here, to insert a brief descrip- 
tion of Mr. Van Burcn's manner as a speaker, at 
that period, sketched by the same able writer wlio 
furnished the above report; the author of it will, 
at least, l)e free from the chai'gc of personal or 
political partiality. 



118 THE LIFE OF 

" Mr. Van Burcn is a very eloquent speaker; but the 
character of his eloquence is sid generis. We knoAv of 
none of the mighty masters of the persuasive art, whom 
he has adopted for his model; and yet his manner is 
graceful, and animated when occasion requires, or im- 
passioned when engaged upon an inspiring theme. He 
has a hajipy command of language, but his utterance is 
too rapid. His figure is small, and there is nothing pe- 
culiar in his person, excepting the fine formation of his 
head, which would afford an admirable subject for a cran- 
iologist. With manners affable and insinuating, he in- 
spires his friends with the strongest attachment known to 
political ties ; and though self-educated,^his professional 
knowledge is such as to have placed him iu the front rank 
at the bar, while his successful career in politics bears 
ample testimony to talents of an elevated order, and a tact 
in the management of men,, and in the control of partieSj 
without a living parallel." 

As the great scheme of internal improvements in 
New York, was thus indebted, in part, for its first 
adoption, to his exertions, so, at every subsequent 
period, it received his efficient support. To enu- 
merate the various occasions upon which this sup- 
port was exhibited would swell this portion of the 
present narrative to an undue extent. It will 
suffice to subjoin the following general statement 
from the pen of the learned and amiable biogra- 
pher of the illustrious Clinton. 

" To the Hon. Cadwallader D. Colden, Martin Van 
Buren, Jacob Rutsen Van Rensselaer, James Lynch, Pe- 
ter A. Jay, William Ross, and William A. Duer,. the 
state owes a debt of gratidudc for their patriotic exertions 
in behalf of the canal." * * " The Hon. Martin Van 
Bm'en and the other gentlemen just mentioned, were dis- 
tinguished by their support of the legislative measures 
then adopted. Those gentlemen, then members of the 
Legislature, independently of their able, and in most instan- 
ces, their uniform support of the canal policy, signaliijed 



MARTIN VAN BUREN. 119 

themselves by very important services in rescuing the bill 
from a state of jeopardy, even when it had been, to a cer- 
tain degree, abandoned by its friends. By their personal 
and almost miraculous exertions, it was resuscitated and 
again restored to the approbation of the two houses of the 
Legislature."* 



♦ Hosack's Memoir of Dc Witt Clinton, pp, 105-7. 



CHAPTER VIII 



Mr. Van Buren acquiesces in the first election of JJe 
Witt Clinton, as Governor. Opposes his re-election. 
Is removed from the office of Attorney General. 
Separates from Mr. Clinton and his political friends. 
His encomium upon Mr. Clinton''s character at a 
■meeting of the New York Congressional delegation in 
Washington. 

In March 1817, De Witt Clinton was nomina- 
ted to the office of Governor of the stale of New 
York, by a repubhcan convention, in the place of 
Daniel D. Tompkins, who had been elected Vice 
President of the United States, Mr. Van Buren 
acquiesced in this nomination, though it was con- 
trary to his individual wishes and opinions. The 
distinguished talents of Mr. Clinton and his recent 
zealous eiforts in promoting the great interests of 
the state, had so far won the respect and confi- 
dence of all parties, that there was comparatively 
little opposition to his election. During the first 
year of Mr. Clinton's administration, but little oc- 
J ' 



122 THE LIFE OP 

ciirred to disturb this singular coalition of opposite 
political parties. But in the difficult task of 
making his appointments, Governor Clinton gave 
great offence to the republicans who had yielded 
him their support. This difficulty widened into 
an open rupture; and a large majority of the re- 
publican party, Mr. Van Buren among their num- 
ber, withdrew their support from Mr. Clinton's 
public measures and made preparation to oppose 
his re-election. The participation of Mr. Van 
Buren in this opposition, brought upon him the po- 
litical vengeance of the council of appointment, 
who were devoted to the wishes of Mr. Chnton. 
Accordingly, in July 1819, he was removed from 
the office of Attorney General ; the duties of which 
he had discharged, with ability, for more than five 
years. No other reason was assigned for this 
measure than the opposition of Mr. Van Buren to 
the Governor. 

This violent act united the great mass of the 
republican party in opposition to Governor Clin 
ton and bound them more strongly than ever 
to Mr. Van Buren. His long course of public ser- 
vices were remembered, especially his zealous 
support of the democratic cause during the gloomy 
period of the war, and his honorable co-operation, 
at a more recent period, with jMr. Clinton himself, 
in the great work of internal navigation. Accord- 
ingly, when the period of Mr. Clinton's public ser- 
vice drew towards a close, the most strenuous 
exertions were made by the republicans through- 
out the state, to prevent his re-election, Mr. Van 



MARTIN VAN BUREN. 123 

Buren naturally took the lead in their efforts ; and 
Daniel D. Tompkins, emphatically the man of the 
people, was prevailed upon to become the oppos- 
ing candidate. Although Mr. Clinton's policy had 
already assumed the strongest anti-democratic 
character, yet the splendor of his abilities, his for- 
mer public services, and his great personal weight 
of character drew temporarily to his support, no 
inconsiderable portion of the former democratic 
party. The contest was close and animated, and 
the result, for several days, was extremely doubt- 
ful. Mr. Clinton finally succeeded by a majority 
of 1457, out of 93,437 votes. This result suffi- 
ciently indicated the great change in public opin- 
ion, produced by the unexpected turn which he 
gave to his administration. The whole number of 
votes against him, on his former election, was but 
twenty-two more than his present majority. 

Both houses of the Legislature and the Council of 
appointments, however, were decidedly demo- 
cratic; and it was hence apparent that the rule 
had passed out of federal hands. 

A restoration to the office of Attorney General 
was now tendered to Mr. Van Buren but was 
declined by him. 

The writer is persuaded that he shall but speak 
the sentiments of Mr. Van Buren and all his polit- 
ical friends, in bearing testimony, in this place, to 
the learning, splendid talents and great pub- 
lic services of De Witt Clinton. On many 
public occasions, he gave expression to political 
sentiments which indicated, in the words of his 



124 THE LIFE OF 

biographer, " a living faith in man's capacity for 
self-government and an unconquerable hostility to 
arbitrary and illegal power, in whatever shape it 
might appear." The promulgation of these senti- 
ments brought upon him the hostility of the feder- 
alists, and won for him the high respect of the 
democratic party, who were disposed to transfer 
to him, the reverence, confidence and affection 
they had always entertained for his illustrious 
uncle, George Clinton. But "these political prin- 
ciples" as the biographer, before quoted, aptly 
remarks, " though recognized by the great body of 
our fellow citizens, are apt to be forgotten by our 
public men when elevated to office." Mr. Chn- 
ton's public course does not seem to have been so 
steadily regulated by them, as to have retained 
the confidence, the democracy were disposed to 
place in him.* 

By the current of events which we have thus 
briefly related, Mr. Van Buren and Mr. Clinton 
were arrayed against each other as the distin- 
guished and able leaders of opposite political par- 
ties. A most violent political contest ensued, and 
was sustained for years with unabated energy on 
both sides. To enter minutely into the history of 
these conflicts would be an ungrateful task, and 



* The Roman liistorian's remark, with respect to the Emperor 
Galba, may be applied to Mr. Clinton: "major privato visus, 
dum privatns fuit et omnium consensu capax Imperii, nisi impe- 
rasspt." Torit. Hist.lil). T. rap. 40, 



MARTIN VAN DUREN. l^^ 

would extend this portion of the present history 
beyond its proper bounds. Besides, as the writer 
was then a resident of the state of New York, and 
not altogether a calm observer of the excitements 
of the day, he is not sure that he should be able to 
hold the pen of an impartial historian. It will 
suffice to say, that during these conflicts, Governor 
Clinton was twice driven into retirement and two 
of his distinguished supporters, Chief Justice 
Spencer and Judge Van Ness, both compelled to 
retire from the bench of the Supreme Court ; and 
on the other hand, Mr. Van Buren was twice re- 
moved from office, and was pursued for many 
years, with the most unrelenting party violence. 
It is a point of bright relief in this dark picture, that 
amid all the collisions of party violence, the two 
"reat antagonists retained their confidence in 
the personal integrity of each other, and each ex- 
pressed his respect for the private uprightness and 
honesty of his rival. Such, at least, are said, on 
the best authority, to have been the sentiments of 
Governor Clinton, almost in the last moments of 
his life ; and the following affecting and eloquent 
testimony of Mr. Van Buren to the public services 
and private worth of his illustrious competitor, is 
publicly on record. At a meeting of the Senators 
and Representatives in Congress, from the state 
of New York, held at Washington, on the 19th of 
February 1828, to express their feeUngs on the 
sudden demise of Governor Clinton, Mr. Van Bu- 
ren, then a member of the Senate, introduced some 
11* 



r^ THE LIFE OF 

appropriate resolutions with the following re- 
marks. 



" Mr. Chairman — We have met to pay a tribute of re- 
spect to the memory of our late Governor and distinguish- 
ed fellow-citizen, DeWitt Clinton. Some of our brethren 
have been so kind as to ask me to prepare a suitable ex- 
pression of our feelings; and I have, in pursuance of their 
wishes, drawn up what has occurred to me as proper to 
be said on the occasion. Before I submit it to the consid- 
eration of the meeting, I beg to be indulged in a few brief 
remarks. I can say nothing of the deceased, that is not 
familiar to you all. To all, he was personally known, 
and to many of us, intimately and familiarly, from our 
earliest infancy. The hig-h order of his talents, the untir- 
ing zeal and great success with which those talents have, 
through a series of years been devoted to the prosecution 
of plans of great public utility, are also known to you all, 
and by all, I am satisfied, duly appreciated. The subject 
can derive no additional interest or importance from any 
eulogy of mine. All other considerations out of view, 
the single fact that the greatest public improvement of the 
age in which we live, was commenced under the guid- 
ance of his councils, and splendidly accomplished under 
his immediate auspices, is of itself sufficient to fill the 
ambition of any man, and to give glory to any name. 
But, as has been justly said, his life, and character, and 
conduct, have become the property of the historian; and 
there is no reason to doubt that history will do him justice. 
The triumph of his talents and patriotism, cannot fail to 
become monuments of high and enduring fame. We can- 
not, indeed, but remember, that in our public career, col- 
lisions of opinion and action, at once extensive, earnest, 
and enduring, have arisen between the deceased and many 
of us. For myself, sir, it gives me a deep-felt, though 
melancholy satisfaction, to know, and more so, to be con- 
scious, that the deceased also felt and acknowledged, 
that our political differences have been wholly free from 
that most venomous and corroding of all poisons, personal 
hatred. 

" But in other respects it is now immaterial what was 
the character of those collisions. — They have been turned 
to nothing, and less than nothing, by the event we de- 
plore, and I doubt not that we will, with one voice and 



MARTIN VAN BUREN. 127 

one heart, yield to his memory the well deserved tribute 
of our respect for his name, and our warmest gratitude 
for his great and signal services. For myself, sir, so 
strong, so sincere, and so engrossing is that feeling, that 
I, who whilst living, never, no never, envied him any 
thing, now that he has fallen, am greatly tempted to envy 
him his grave with its honors. 

" Of this, the most afflicting of all bereavements, that 
has fallen on his wretched and desponding family, what 
shall I say? — Nothing. — Their grief is too sacred for de- 
scription; justice can alone be done to it by those deep 
and silent, but agonizing feelings, which on their account 
pervade every bosom." 

The resolutions, thus introduced, expressed, on 
behalf of the meeting, " their deep and sincere sor- 
row for a dispensation of Providence which had, 
in the midst of his usefulness, cut oft" from the ser- 
vice of that state whose proudest ornament he 
was, — a great man, who had won and richly de- 
served the reputation of a distinguished benefac- 
tor." 

The noble generosity of these sentiments, con- 
sidering the source from whence they proceeded, 
will be appreciated by the reader. 



CHAPTER IX. 



Mr. Van Buren's support of Rnfus King for Senator of 
the U. S. His connection with the proceedings in Al- 
bany^ and in the Legislature of Neio York, in regard 
to the Missouri question. 

It may be proper to advert, in this place, to two 
or three particulars in the public life of Mr. Van 
Buren, which have been the subject of considera- 
ble remark. The first of these is his support of 
Rufus King for the office of Senator of the United 
States. 

In the winter of 1819, the legislature of New 
York was divided into three distinct parties. As 
has already been remarked, a large portion of the 
democratic party had become dissatisfied with the 
public measures of De Witt Clinton, then Govern- 
or, and had seceded from the support of his ad- 
ministration. These seceders, with Mr. Van 
Buren at their head, formed one party in the Legis- 
lature. A respectable portion of the old federal- 



130 THE LIFE OF 

ists had also separated from the friends of Mr. 
Clinton and constituted a second faction in the 
Legislature. The friends of Clinton, embracing 
both republicans and federalists, constituted the 
third division. 

On the 2d of February 1819, the strength of 
these respective parties was developed in ballot- 
ing for a Senator of the United States. John C. 
Spencer, a near relative of Mr. Clinton and sup- 
ported by his interest, had sixty-one votes. Sam- 
uel Young, the candidate of the republican party 
friendly to the national administration, received 
ffty-six votes ; and Rufus King the federal candi- 
date, who was at that time the actual incumbent of 
the office, received thirty-eight votes. At several 
successive ballotings, each party adhered to its 
own candidate, and as neither had a majority of 
the whole votes, no election was made during that 
session. 

The great personal worth of Mr. King, his pat- 
riotic services as a member of the Convention 
which framed the Federal Constitution, and sub- 
sequently as Minister to England from the last 
year of General Washington's administration to 
the third year of Mr. Jefferson's, and finally, his 
zealous and honorable support of Governor Tomp- 
kins and of the national administration, during the 
most gloomy period of the war, had won for him 
the high respect and confidence of the democratic 
party. After the unsuccessful attempt to elect a 
Senator in 1819, Col. Young declined being any 
longer a candidate. The attention of his political 



MARTIN VAN BUREN. 131 

friends was then directed to Mr, King, whom they 
were strongly disposed to support, provided it 
could be done without suspicion of an improper 
coalition with his federal friends, and without haz- 
arding the prospect of a democratic ascendency in 
the legislature. 

In December 1819, a pamphlet entitled " Con- 
siderations in favor of the appointment of Rufus 
King, to the Senate of the United States," was 
addressed to the republican members of the Legis- 
lature of New York, by " one of their colleagues." 
It was understood to be from the pen of Mr. Van 
Buren : and as it contains, not merely an exposi- 
tion of the reasons for his support of Mr. King, 
but also discriminating views of the federal party, 
and a distinct expression of the great rule of ac- 
tion w^iich has guided his political life, to wit, a 
scrupulous observance of the will of his constitu- 
ents, — the following passages are extracted from 
it. 

" To the Republican 'niemba^s, of the Legislature of the 
State of New York. 

"A fellow member,"who knows„and is personally known 
to most of you, who has, from his infancy, taken a deep 
interest in the honor and prosperity of the party to which 
you belong, and wlio, if he has ever erred in his labors to 
promote its best interests, has erred from defect of judg- 
n:ient and not from a want of devotion to the cause, ven- 
tures to address you on the subject of the choice of Sena- 
tor to represent this state in the Legislature of the Union. 
" The state of parties, the character and standing of the 
most prominent candidate for your favor, the general as- 
pect of political affairs, and a variety of concurring cir- 
cumstances, render the subject one ot conceded delicacy, 
and not entirely fi'^e from difficulty. 



132 THE LIFE OF 

" It is, notwithstanding, one on which it will be our duty 
soon to act ; and all experience demonstrates, that noth- 
ing is so well calculated to lead to a judicious exercise of 
power, as a free, frank, and unrestrained discussion of the 
subjects of it; and nothing, certainly, better comports 
with the character, or is more congenial to the feelings of 
freemen, than that those discussions should be attended 
with all possible publicity. It is with those convictions, 
and upon the impulse of such feelings, that this examina- 
tion is undertaken. 

"When this question was presented to the Legislature at 
their last session, the names of several of our friends, 
who are rich in the esteem and confidence of republicans, 
were spoken of, and one was actually voted for to fill the 
existing vacancy. It is satisfactorily ascertained that all 
those gentlemen, for reasons which it is unnecessary here 
to state, but which are of a nature reflecting upon them 
the highest honor, which evince an entire devotion 
to our cause, and entitle them to a continuance of our 
best opinion, are unwilling to be regarded as candidates 
for the station, and are desirous that our attention should 
be directed to another quarter. 

" In consequence of the general understanding, which 
has obtained, as to the views of the gentlemen of whom 
I have spoken, and from other causes, the only name 
which has, for some time past, been held up to public 
view, and occupied the public mind, as connected with 
the subject, is that of RUFUS KING, — in whose favor 
there has been, apparently, a spontaneous, and, certainly, 
a very extensive expression of public sentiment. 

" Having learned from experience, to place almost im- 
plicit confidence in the general justice and ultimate wis- 
dom of the predominant sentiments of the republican 
party, I have felt it my duty scrupulously to observe 
the indication of these sentiments on this interesting 
subject ; and I am entirely satisfied that I am not mistaken 
when I say, that the republicans of this state think and 
feel that the support of Mr. King, at this time, would be 
an act honorable to themselves, advantageous to the coun- 
try, and just to him ; and that the only reluctance which 
they have to a public avowal of their sentiments in his 
favor, arises from the commendable apprehension that 
their determination to support him, under existing circum- 
Btances, might subject them to the suspicion of having be- 
;orae a party to a political bargain, to one of those sinis- 
er commutatioas of nrincinlp for no'i-^o^ ij'i>;"li «Kr,v ti-^--^- 



MARTIN VAN BUREN. 133 

common with their adversaries, and against which tliey 
have remonstrated with becoming spirit. 

" I have no hesitation in declaring my sentiments to be 
in unison witli those which I believe generally to prevail 
among the republicans of the state ; and I cannot but 
avow my conviction that this apprehension, which evin- 
ces an honorable solicitude to avoid even the imputation 
of the errors of their opponents, is without adequate 
cause, and can be fully obviated. 

" Although the rule may, possibly, in some instances be 
carried too far, it is certainly true, that the conduct of pub- 
lic men, who were in active life, or in a situation to be 
so, during the last war, has been, and will, unavoidably, 
long continue to be the test of their claims to public con- 
fidence and support. 

"The federalists of that day may justly, and, by the his- 
torian of the time, will probably be divided into three 
classes; the first, consisting of those who, influenced by 
strong predilection for the enemy, and instigated by the 
most envenomed malignity against the administration of 
their own government, adopting " rule or ruin," for their 
motto, exercised an industry and perseverance worthy of 
a better cause, to paralyze the arms of their own govern- 
ment, and encourage the hopes of the foe. 

"The second class was composed of a very numerous 
and respectable portion, who, inured to opposition, and 
heated by collision, were poorly qualified to judge dis- 
passionately of the measures of government ; who, deem- 
ed the declaration of war impolitic in the then slate of 
the country, and were not as well satisfied, as subsequent re- 
flection has rendered them, of its justice and indispensable 
necessity ; who were deceived, too, by appearances, and 
by the bold and confident denunciations of their leaders 
of the first class, into a belief that their own government 
was partial to France and averse to peace with Britain, 
and Avho from the causes 1 have enumerated, aided by 
that strong desire to supplant their political opponents, 
which is common to all parties, were induced to make all 
the opposition to government which they lawfully could, 
within the pale of the constitution. 

" In the third class, are included all those who, enter- 
taining a correct sense of their country's rights, a lively 
sensibility for her wrongs, and a suitable spirit to defend 
the former, and redress The latter, rose superior to the pre- 
judices and passions of those with Avhom they once act- 

12 



134 THE LIFE OF 

ed, and throwing down the weapons of party warfare, 
enrolled themselves under the banners of tlieir country. 

"Those whom I have first designated, displayed their 
principles, and gave earnest of their designs, by assisting 
at, or abetting, the ever memorable convention at Hart- 
ford, and those preceding efforts of factious opposition, 
which were connected with it. The rising indignation of 
the American people, however, retarded the execution of 
their designs until peace put an end to their prosecution. 
Their labors led to the same results Avith those of their 
nroiotypes of the revolution ; and as their motives were 
less pure, and their conduct less excusable, they have 
reaped a more abundant harvest of public obloquy and 
disgrace. 

" Many of those included in the second class, whatever 
may have been the extent of their delusion at the moment, 
and however strong the infatuation by which they were 
blinded, would, at all times, have shrunk from tiic aban- 
donment of the acknowledged interests of their country, 
and have, subsequently, embraced every opportunity to 
testify their devotion to the public interest. There is, 
moreover, good reason to believe, that they will all, in 
due season, be found to have embarked in the same cause 
with the republicans of the state, and of the union. Nor 
have we failed, and, I hope, we never shall fail, in be- 
coming liberality of sentiment, towards that ])ortion of 
our fellow citizens, or in exercising that respectful defer- 
ence for the freedom of opinion, which should ever char- 
acterize the conduct of men, who, actuated by pure mo- 
tives themselves, are sensible of " the safety Avith which 
error of opinion may be tolerated when reason is left free 
to combat it." 

"As to the merits of that description of federalists, who 
are embraced in the third class, there has not been, nor 
can there ever be a diversity of opinion among us. If 
we look back to that period which, a second time, ' tried 
men's souls,' as the proudest of our lives, they also have 
reason to exult in the recollection of the parts they re- 
spectively acted in those interesting scenes. 

" It is true, they have not the merit ot advising to the 
commencement of the Avar, a Avar by Avhich the fame, the 
honor, the true interests of our common country, have 
been so much advanced ; but that circumstance alone 
ought not to impair their claims to the respect and confi- 
dence of their fellow citizens. 



MARTIN VAN BUREN. 135 

"It was fully compensated by the alacrity with which 
they lent their aid to an administration which had so re- 
cently been the object of their warmest opposition, the 
moment they found the question to be between their own 
country and a foreign foe. They acted, as it had been 
fondly hoped the whole American people would have act- 
ed : nor were the administrations of the General and state 
Governments, at the close of the war, backward in be- 
stowing the proudest testimonials of their approbation 
and respect, on those whose conduct had been thus meri- 
torious. 

" It is true, that, in so doing, they have in some instan- 
ces been deceived and disappointed, in selecting, for high 
public stations, men who have not that stamina of char- 
acter they were supposed to possess; but who, rendered 
giddy by their sudden elevation, and forgetful of the sour- 
ces of tliat power by which they ascended, will soon fall, 
with the master spirit in whose legion they are enrolled, 
' never to rise again.' 

" These are circumstances, however, which can, at 
most, produce a transient regret, for the folly and weak- 
ness of these infatuated men. Such consequences are 
not always to be avoided ; but they are susceptible of ea- 
sy and prompt correction. They do not tend, in the least, 
to impair the high credit which is justly due to the repub- 
licans of the state and Union, for the course they adopted 
in regard to the persons now in question. That course 
had for its object, not the particular benefit of these indi- 
viduals only ; but was meant to exemplify the general 
justice of our i)olicy to them, and to shew the rest of our 
countrymen, that whilst we loudly and inexorably con- 
demned the remissness of a portion of our fellow citizens, 
m discharging the great duties they owed to their coun- 
try, Ave dealt out justice with an even hand, and Avere as 
ready to applaud as to condemn. 

" There has been, however, one exception in this liber- 
al policy, and it is an exception of no ordinary character. 
It exists in the person of Rufus King. 

"The dark cloud which overspread our political horizon, 
in the fall of 1814, struck, with dismay and terror, some 
of the firmest of our patriots. The disasters which had 
befallen us, the dilficulties which beset, and the dangers 
which threatened our country from every quarter, have 
made impressions too durable to be soon effaced. The 
causes which jeopardize, and the exertions which pre- 
serve the liberties of a nation, can never, while she is 



136 THE LIFE OF 

worthy of their enjoyment, cease to be a subject of the 
keenest solicitude, and most grateful recollection of her 
sons. These memorable events will long continue to oc- 
cupy the minds, and employ the pens, of our ablest and 
best men. 

" While enjoying a season of peace to which the na- 
tions of Europe are strangers ; while advancing in wealth, 
population and grandeur, with a rapidity without a parallel 
in the history of civilized man; while our individual 
happiness and prosperity kept pace with that of our beloved 
country, and all combined to render us the envy and ad- 
miration of the world ; in those halcyon days, when we 
knew war but by its distant echo, and the advantages our 
country derived from the sanguinary conflicts of Europe, 
we felt that our country was not only strong in its physical 
force, but inexhaustible in its resources, and safe in the 
patriotic devotion of all her citizens." 

" The events of that memorable period awoke us, how- 
ever, from those flattering dreams, and dissipated those 
dangerous delusions. When we expected to have found 
ourselves united, we were a divided people ; when the 
exigencies of the country demanded all her resources, 
both of men and money, her public coffers were kept emp- 
ty and her armies unrecruited, by the ruthless efforts of 
faction. 

t^":At this momentous crisis, which applied the touch- 
stone to the hearts of men, when many of the stoutest 
were appalled and the weak despaired of the republic, Mr. 
King was neither idle nor dismayed. His love of country 
dispelled his attachments to party. In terms of the 
warmest solicitude and in strains of the most impassioned 
eloquence, he remonstrated in his correspondence with 
the leaders of the opposition in this state and in the east, 
on the folly, the madness, and the mischief, of their 
course ; he contributed largely of his means to the loans 
to government ; — he infused confidence mto the despond- 
ing, and labored to divest the timid of their fears ; — he 
sought Governor Tompkins, to whom, from the warmth of 
his devotion to his country's cause, and from the pleni- 
tude of his responsibility rather than of his powers, every 
eye was directed, and to him Mr. King communicated 
the patriotic ardor with which he was himself animated, 

"The purport and object of his interesting interview 
with the Governor, is thus described by the latter; ' Ven'» 
erable and patriotic citizens, such as Col. Rutgers, Col. 
Willet, Gov. Wolcott, Mr. King and others, animated 



MARTIN VAN BUREN. I37 

lie to the greatest ellorts ; the latter gentleman, in an in- 
terview with me, was peculiarly imj)ressive — he said 
'that the time had arrived when every good citizen was 
bound to put his all at the requisition of government — that 
he was ready to do this ; that the people of the state of 
New York would and must hold me personally responsi- 
ble for its safety.' I acquainted him with the difliculties 
under which 1 had struggled for the two preceding years, 
the various instances in which I had been already compel- 
led to act without law or legislative indemnity, and urged, 
that if I should once more exert myself to meet all the 
emergencies and pecuniary difficulties with which we 
were pressed, I must inevitably ruin myself. ' Well, sir, 
(added he, with that enthusiasm which genius lends to 
patriotism,) what is the ruin of an individual compared 
with the safety of the republic ? If you are ruined, you 
will have the consolation of enjoying the gratitude of 
your fellow citizens ; but you must trust to the magnanimi- 
ty and justice of your country, you must transcend the 
law, you must save this city and state Irom the danger 
with which they are menaced, you must ruin yourself if 
it becomes necessary, and I pledge you my honor that I 
will support you in whatever you do.' ' Having' done all 
in his power to induce to exertions at home, Mr. King re- 
paired to his post in the Senate of the United States, and 
in that body zealously supported the prominent measures 
of the administration to sustain the country in the severe 
struggle in which she was engaged. He embraced every 
suitable opportunity to keep Governor Tompkins, (with 
whom he maintained a regular correspondence,) advised 
of every fact and circumstance which might be supposed 
to have a bearing on the conduct of the war, its prosecu- 
tion by the enemy, and the probability of its continuance 
or termiurition. 

" The advantages which resulted from the part which 
Mr. King then took, were by no means inconsiderable ; it 
served to encourage Governor Tompkins to persevere in 
his exertions, exertions which redounded so much to the 
honor of the state, and so essentially advanced the inter- 
ests of the nation. It served to induce the corporation of 
New York, and some of the banks, who were then in the 
adverse interest, to comply with the requests of Governor 
Tompkins, and make their respective loans to the gov- 
ernment, on receiving his private responsibility, and pub- 
lic securities, for their repayment. It served, moreover, 
in some degree to retard the unwearied efforts of the opposi- 
12* 



138 THE LIFE OF 

tioTi, by developing their motives, and bringing shame on 
their measures. 

" Such was the conduct of Mr. King, in the times of 
which I have spoken, and such are hi;? first claims on re- 
publican confidence and support. I know nothing of the 
republican character, nothing of the views and sentiments 
of men, with whom I have been so closely allied, if a 
consideration of the facts and circumstances I have detail- 
ed, has not already led to a spontaneous and united wish 
to support Mr. King for the Senate, if that support can be 
given without subjecting them to the suspicions they so 
justly deprecate. That it can, I hope to demonstrate ; 
but before I do so, I must solicit a farther continuance of 
your indulgence, Avhilst I respectfully submit to your con- 
sideration, additional reasons why his appointment, at 
this time, would be politic and just ; and whilst, too, I ob- 
viate some of the objections which honest men may ap- 
prehend, and which will, doubtless, be suggested by fac- 
tion. 

" His talents, his integrity, and fitness for the station, 
are not questioned. There are, however, circumstances 
in his life and character, so intimately connected with 
this question, as to entitle them to particular consideration 
and remark. 

" The struggle which gave birth to our nation, must ev- 
er be regarded as one of the most important and interest- 
ing eras the world has ever witnessed. 

" History records no event which called into action a 
race of statesmen, equal in all the splendid virtues which 
adorn and give celebrity to the human character ; and it 
is a fact, honorable to our nature, that of the long list of 
patriots and sages, who, at the hazard of all that was 
dear to man, signed the Declaration of Independence, and 
of those who framed the great charter of our liberties, 
there has not been one who, in after life, has fallen from 
the eminence to which, by his connection with those 
events, he was raised ; or. has in the least impaired the 
character he thus acquired. Those whom the rava- 
ges of time have yet spared to their country, are, every 
where, honored and respected ; and those whose deaths 
we deplore, who are now numbered with ' the spirits of 
just men made perfect,' have descended to the tomb, ac- 
companied by a Nation's tears, and blessed with a Na- 
tion's gratitude. 

" It is, certainly, true, that in the various contests for 
power, which are past, revolutionary merit has not al- 



MARTIN VAN BUREN. 139 

ways commanded that deference, and received that sup- 
port, which might have heen reasonahly expected, and 
perliaps justly claimed. It is not my intention to call in 
question the propriety of the course which has, at vari- 
ous times, heen pursued in regard to them. There, 
doubtless, have been occasions when the preferences 
which have been given to others, were both just and 
proper ; but it has always been a favorite sentiment of my 
heart, that, all other things equal, the merit of which I 
am speaking, ought to give a decided preference to its 
possessor. 1 cannot but think that this sentiment is com- 
mon to us all, and that the desire to testify our gratitude, 
by availing ourselves of the experience and fidelity of 
the men of the revolution, as far as it can be done with 
safety and with honor, is as universal as it is just. 

"Mr. King not only took an active part in the closing 
scenes of the revolution, but he was a member of the 
convention which framed the constitution of our General 
Government, and one of the committee to whom the final 
draft of it was referred. 

" As early as the year 1796, Mr. King Avas appointed, 
by General Washmgton, minister to the court of St. 
James. He represented our government at that court 
during the last year of that truly great and good man's 
administration, and throughout that of Mr. Adams; and 
such was his understanding of, and his attention to, the 
great and leading interests of the country, that notwith- 
standing the party violence of the times, he was continued 
by the illustrious head and founder of our party, Mr. Jef- 
ferson, for the first two years of his administration, and 
until Mr. King solicited his own recall. With the excep- 
tion of a single case, growing out of individual concerns, 
and of limited operation, the merits of which are before 
the public, and have been amply discussed, the great du- 
ties of his station were discharged in a manner highly 
satisfactory to all classes of his fellow citizens. I know 
well the fears which existed in the minds of many honest 
men in the country, that his long residence in England 
had impressed him with undue partialities for that nation; 
a belief which, doubtless, derived much force from the 
mutual crimination and recrimination, of ' French influ- 
ence,', and ' British influence,' common to the times, 
and, in a great degree, springing from the overheated agi- 
tations of parly. I claim no exemption from their influ- 
ence; but whatever may have been the feelings or preju- 
dices of that early period, his recent and splendid exer- 



140 THE LIFE OF 

tions in the Senate of the United States, to improve pur 
navigation laws, and to protect oar commercial rights and 
interests, against the encroachments of the British gov- 
ernment; tile success which has attended those exertions; 
the wisdom which was displayed in their adoption, and 
the strong interest they have excited in Great Britain; the 
patriotic course he pursued in our recent contest with 
that power; the general tenor of his political conduct for 
the last five years, and the fact, that he has secured, and 
enjoys, the full coiifidence of the men who compose the 
present administration of the general government, and 
who have had the best possible opportunity to judge of gi 
his motives and his conduct, and in whose integrity and 
discernment we may safely repose; these, together with 
other circumstances, have satisfied me, that the unfavora- 
ble impressions which, in that respect, in common with 
the great body of the republicans of the state, I have here- 
tofore indulged against him, were unjust and unfounded, 
and as such, I cheerfully dismiss them. 

" The great advantage which would, probably, be de- 
rived to the state and the Union, from the appointment of 
a statesman, who, to splendid talents, adds such collateral 
advantages, and whose views are in unison with those of 
the General Government, must be obvious to you, and can- 
not fail to receive at your hands, all the weight to which 
they are so justly entitled. 

"I have deplored the violence of party, and lamented 
the injurious consequences which have resulted from its 
indulgence. It is possible that I am not entirely free 
from the infirmity I condemn, and I fear that what I am 
about to state, may tend to impress that belief. I know, 
however, of but one true course in such matters, and that 
is, to avow, with frankness, sentiments which are enter- 
tained with sincerity, and to trust to their justice for their 
success." 



The writer then proceeds to say that, if he had 
not reason to beUevc Mr. King to be decidedly 
with the republican party, in their opposition to 
Mr, Clinton, he should promptly and zealously 
oppose his appointment; and that the want of clear 
information on this point, and also with respect to 



MARTIN VAN BUREN. 141 

the former election of Mr. King, had occasioned 
some embarrassment in regard to his support, by 
the democratic party, the preceding winter. He 
then adds : 

" Under these circumstances, we selected one of our 
old and tried friends as the object of our support, and 
thereby abstained from a course, as to which we had not 
the necessary information to enable us to act with safety 
to ourselves and justice to our constituents. 

" The state of parties, too, rendered it reasonably cer- 
tain, that without the acquiescence of our friends, there 
would be no choice, and the situation of things admitted 
of a continuance of tlie vacancy, without great public 
prejudice, until the ensuing session. Thus an opportuni- 
ty was afforded to the republican members, not only to 
defer a final decision on the question until the wishes of 
the people could be known on the subject, (at all times 
an object of solicitude with them, a sentiment just and 
propel in itself, and one which it is hoped they will al- 
ways revere, notwithstanding the jeers of the political 
upstarts of the day,) but also to wait for a subsequent 
developeraent which would either confirm their doubts or 
remove the cause of them." 

" A few Avords more, on the only remaining subject 
which I have proposed to examine, and I close an appeal 
which has already been extended farther than was con- 
templated, or may, perhaps, be proper. It is certainly 
very extensively believed, that our legislative halls have 
in repeated instances been made the theatres of the most 
exceptionable and unprincipled political bargains and 
coalitions; of coalitions in which men acted, not from the 
honest dictates of their consciences and Avith a single eye 
to the public interests, but from the unworthy motives of 
personal aggrandizement, not only disconnected with the 
public good, but in many instances in direct hostility 
against it. Jt is equally true, that in proportion as those 
charges have been credited abroad, the character of our 
state has sunk in the estipfiation of our sister states. It is 
not my intention, qi this time, lo enter into an investiga- 
tion of the truth of these charges. It will, doubtless, 
soon become necessary to probe them, as well as other 
transactions of a deeper cast, and still more injurious in 
their effects upon our public charricter, to their inmost 



142 THE LIFE OF 

recesses ; to separate the innocent from the guilty ; to 
vindicate the great body of our citizens from the charge 
of participating in the profligacy of the few, and to give 
rest to that perturbed spirit which now haunts the scenes 
of former moral and political debaucheries — to the end, 
that tliis great and otherwise flourishing state, may no 
longer be retarded in her march to that respectability and 
influence, to Avhich she is so eminently entitled. But of 
this hereafter. 

" It is, as I have already stated, apprehended by several 
honest men, whose devotion to the republican cause, and 
whose good opinion I hold in the highest regard, that the 
support of Mr. King, at this time, might expose us to the 
suspicion of being influence J in our determination; by the 
single view of securing the co-operation of a sufficient 
number of federal members to effect the various legislative 
objects at the next session, for which parties generally, 
as it is natural they should, feel considerable solicitude. 

" This is the matter fairly and plainly stated. Now, 
strong as my desire is that we should confer on Mr. King 
our support ; sensible as I am of the tendency of such a 
measure, to repel and to put to shame the VGluiaes of ca- 
lumny and scurrility which have been heaped on us, by 
those who deceive themselves with the hopes of breaking 
down the free spirit of a great party, and grateful as I 
know it would be to the feelings of distinguished repub- 
licans in our sister states, still, if I believed there was ade- 
quate cause for such apprehensions, / would on that 
ground forego its adoption. For it is not so important 
that we succeed soon, as it is that, when we do so, we 
proceed in a manner the most unexceptionable. But I 
know well that those fears are groundless. 

" Our party, in the first place, is not liable to suspicions 
of this kind. We have throughout sustained a character 
which has, and will continue, to exempt us from them. 
We are not a ^personal party.'' We have no individu- 
als amongst us, who claim and exercise the right of stipu- 
lating for our acts, nothing is done for us, that is not done 
by the will of the majority, and which is not well under- 
stood to be in unison with the general sentiments, and 
consonant to the wishes of the people. With a party so 
organized, and thus acting, motives so justly deprecated 
can seldom, if ever, operate, and, of course, the suspicion 
,of their existence is not likely to arise." 



MARTIN VAN BUREN. 14^ 

Mr. King was elected at the following session 
of the Legislature, (February 1820,) by the unan- 
imous vote of the Senate, and with but three dis- 
senting votes in the house of Representatives. It 
will be seen by the extracts, here given, that the 
support of INIr. King was yielded on grounds in 
no way connected with the questions which had 
recently been agitated, with regard to the admis- 
sion of Missouri into the Union. 

There are few acts in the public life of any 
statesman, more liberal and high-minded than Mr. 
Van Buren's support of Mr. King ; yet few have 
ever been assailed with greater violence and un- 
fairness. But the utmost efforts of his political 
opponents have never been able to attach the 
slightest suspicion to his conduct, or to detect the 
feeblest indication of indirect motives in the whole 
transaction. No public or private document has 
ever been adduced to show that the true reasons, 
and the only reasons, for the course which was 
taken by the republican members of the Legisla- 
ture on that occasion, were not contained in the 
pamphlet whose substance is above given. An 
extract from what purports to have been a private 
letter of Mr. Van Burcn to a political friend, has 
been laid before the public. Whether this extract 
is authtenic or false is unknown to the present 
writer. But as it is the only document, of any 
kind, which either the public scrutiny or the pri- 
vate treachery of the enemies of Mr. Van Buren 
has been able to adduce, it is here subjoined, and 
its consistency with the views above taken is left 



144 THE LIFE OF 

without comment, to the judgment of the reader. 

" I should sorely regret to find any flagging on 
the subject of Mr. King. We are committed to 
his support. It is both wise and honest ; and we 
must have no fluttering in our course. Mr. King's 
views towards us are honorable and correct. 
The Missouri question conceals, so far as he is 
concerned, no plot, and we shall give it a true di- 
rection. You know what the feelings and views 
of our friends were, when I saw you ; and you 
know what we then concluded to do. My ' con- 
siderations' (fee. and the aspect of the Albany 
Argus, will shew you that we have entered on the 
work in earnest. We cannot, therefore, look 
back. Let us not, then, have any halting. I will 
put my head on its propriety." 

In the winter of 1819-20, a public meeting ©f 
the citizens of Albany was convened to express 
their opinions on the extension of slavery beyond 
the Mississippi. Mr. Van Buren has been censur- 
ed for the measures which resulted from this meet- 
ing. His connection with the whole transaction 
will therefore be briefly stated. He had no agen- 
cy whatever, in commencing the original meeting 
and did not attend it. The only step taken at that 
meeting was, to appoint a committee to call a 
more general convention of the citizens. His 
name was placed on that committee in his absence, 
and his permission was afterwards obtained to 
retain it. When the large meeting was held, Mr. 
Van Buren was absent from Albany on profes- 
sional business. Sundry resolutions were adopt- 
ed, and a further committee appointed to prepare 



MARTIN VAN BUREN. 1 45 

a memorial to Congress. The memorial was im- 
mediately reported to the meeting and adopted. 
Mr. Van Buren's name had also been placed on 
this latter committee, though he was not present ; 
but on his return to the city, he declined signing 
the memorial or co-operating with the committee 
in transmitting it to Congress ; as he disapproved 
of the sentiments contained in the resolutions. His 
refusal called forth a letter from Mr. Jones, by 
whose agency bis name had been placed on the 
committee. The following is a copy of that letter 
together with Mr. Van Buren's reply. 

" Albany, Jan. 19, 1820. 
'-'■To the Hon. M. Van Bur en: 

" Sir : I am informed that you declined signing the 
resolutions which were sent to Wasliington, upon the 
subject of the Missouri (Question, upon the ground that 
you never authorized your name to be used as one of the 
committee on that occasion. 

" Before any steps were taken on the subject, I called 
upon you myself to learn if you was willing to be one of 
that committee. You replied not: that you was so nmch 
occupied that you could not attend to it — I remarked that 
there were enough to do the business, and that Ave only 
wished for your name — in answer to which you observed, 
that you had no objection to our making use of your 
name. If you have forgotten this conversation, Mr. 
Duer, who was present, will undoubtedly be able to re- 
fresh your memory. I think that your refusal to sign 
your name should have been grounded upon other reasons, 
than waul of authority to use it. 

" You must be sensible, sir, that I care nothing about 
this affair, any further, than that it places me in an un- 
pleasant situation; and I presume, in justice to me, you 
will retract the assertion, that you did not authorize the 
use of your name. 

" Respectfully yours, &c. 

"HENRY T. JONES." 

" P. S. I should call on you, but you are so occupied 
that it is difficult to find you disengaged." 
13 



146 THE LIFE OF 

" Sir : You had my permission to use my name as a 
committee to call a meeting of our citizens to express 
their opinion on the Missouri Q,uestion, and the propriety 
of your doing so has not been questioned by me. You 
surely cannot suppose that the use of my name for that 
purpose, imposed on me an obligation to si^n whatever 
memorial might be agreed upon by the meeting. Being 
out of town when it was held, and having no hand in for- 
ming or adopting the memorial, I declined signing it. 
My reasons for doing so, further than you are concerned 
in calling the meeting, I presume it is not your intention 
to inquire into. 

" Yours respectfully, 

'•M. V. BUREN. 

"Jan. 20th, 1820. 

" Henry T. Jones, Esq." 

This is an accurate account of Mr. Van Buren's 
whole connection with the meeting in Albany, and 
cannot in any particular be impugned. It will re- 
quire no small degree of ingenuity to find, in his 
part of the transaction, any ground of censure. 

The attention of the Legislature of New York 
was called to the question of admitting Missouri 
into the Union, with the right to hold slaves, in the 
message of Governor Clinton, at the opening of 
the session, in January 1820. An expression of 
their opinion was earnestly recommended. In 
compliance with this recommendation, the house 
of Representatives adopted a resolution, instruct- 
ing their Senators and requesting the Representa- 
tives of the state in Congress, " to oppose the ad- 
mission, as a state in the Union, of any territory 
not comprised within the original boundary of the 
United States, without making^the prohibition of 
slavery therein, an indispensable condition of ad- 
mission." The Senate concurred in this resolu- 



MARTIN VAN BUREN. 147 

tion without division or debate, and among them 
Mr. Van Buren ; though it was not brought before 
the Legislature by his agency. Still he must be 
regarded as having concurred, at that time, in the 
sentiment of the resolution thus adopted by the 
Legislature. 



CHAPTER X 



Mr. Van Buren is elected a Senator of the United 
States. His participation in the Convention to 
amend the Constitution of New York. Speech on 
vesting veto power in the Governor. On the length 
of Governor's tenure of of/ice. On prefixing a bill of 
rights. On the Elective franchise. Vote on admit- 
ting colored people to be electors. Speech on the ap- 
pointment of .Justices of the Peace. On the re-organ- 
ization oj the Supreme Court so as to eject the in- 
cumbents. 

On the 6th day of February, 1821, Mr. Van 
Buren was appomted, by the Legislature of New 
York, a member of the Senate of the United 
States. In the house of Representatives he re- 
ceived sixty-nine votes and Nathan Sanford fifty- 
two ; in the Senate the majority for Mr. Van Bu- 
ren was eight. The Chntonians, together with 
the federahsts, voted for Mr. Sanford, an expres- 
sion of their confidence for which, it is behoved, 
that gentleman was not remarkably grateful. 
13* 



150 THE LIFE OF 

Before attending Mr. Van Buren to this dignifi- 
ed theatre of action, it will be proper to examine 
his exertions as a member of a public body in his 
native state, charged with the most solemn and 
responsible duties. This public body was a con- 
vention to amend the Constitution of the state. 

The constitution of the state of New York was 
adopted in 1777, and received some amendment 
in 1801. It was, however, disfigured by many 
defects, especially with regard to the mode of ap- 
pointing to office, the revision exercised by a Coun- 
cil over the acts of the Legislature, and the limita- 
tions imposed upon the right of suffrage. These 
obnoxious provisions became so apparent, during 
the party collisions which preceded the year 1821,, 
that tlie Legislature in its session that year, provi- • 
ded, by law, for the election of delegates to a con- 
vention for the revision of the constitution. The 
measure was warmly advocated by Mr. Van Bu- . 
ren, especially with reference to the extension of 
the right of suflrage. 

Accordingly, the convention was opened on the 
28th day of August 1821. Mr. Van Buren, then 
United States Senator elect, was, unexpectedly to 
himself, returned as a member of the convention 
by the republicans of Otsego County. The con- 
vention was not limited, either in the nature or 
extent of its amendments, which however were 
only to become a part of the constitution, by the 
subsequent assent of the people. 

Public expectation was highly raised with re- 
gard to the results of this convention, which em- 



MARTIN VAN BUREN. 151 

braced some of the most venerable, distinguished, 
and active men in the state. It appeared to be 
their duty, almost to fix anew, the principles of 
government for a free people. The magnitude of 
the changes finally proposed even exceeded all 
previous anticipation. The executive, judicial, 
and legislative departments w^ere all remodelled; 
and the appointing and revisory powers were pla- 
ced in new hands. Several important miscellane- 
ous alterations were made, and the right of suf- 
frage very greatly extended. 

During the discussions which resulted in these 
amendments, all the great interests of a free peo- 
ple passed under review ; the principles of gov- 
ernment were largely debated ; the political his- 
tory of the state was retraced, and the founda- 
tions of its civil, religious, and social institutions 
underwent examination. In short, the conven- 
tion exercised the right which had been entrusted 
to them by the sovereign people, of offering to 
their acceptance a constitution which was to form 
the basis of their government, and the great char- 
ter of their rights and liberties. 

The active agency of Mr. Van Buren in ori- 
ginating this convention, avowedly for the exten- 
sion of popular rights ; his conspicuous station, 
as Senator elect of the United States ; his promi- 
nence as the leader of a great party ; his high rep- 
utation for profound legal knowledge ; his political 
experience and information ; and the confidence 
reposed in his integrity and talents, conspired to fix 



152 THE LIFE OF 

public attention U|)on his conduct and to devolve 
upon him a heavy responsibility. 

It will be impossible to embody in the present 
narrative, a complete account of his laborious ser- 
vices in this convention, or, at asubscqucnt period, 
in the Senate of the United States. The writer 
will, therefore, aim to indicate his leading meas- 
ures, and the part he took on all questions of im- 
portance, subjoining such extracts from his speech- 
es and propositions as seem to illustrate his views 
of the general principles of political science, as 
well as the reasons of his course in each impor- 
tant matter. These extracts will enable the read- 
er to form an opinion of his discretion, candor and 
usefulness, and of the manner in which he was ac- 
customed to discuss questions of political impor- 
tance. 

They will, however, but imperfectly indicate 
the real amount of his laborious participation in 
the business of the convention. It will be im- 
practicable to follow him through the tedious forms 
and practical details, indispensable to the opera- 
tions of any regularly organized deliberative body ; 
nor is it possible to display his assiduous industry 
thorough research, and indefatigable efforts in the 
committee-room. He never detained the con- 
vention with speaking except when compelled by 
necessity, and although, in that enlightened as- 
sembly, his experience in pubhc affairs and his un- 
rivalled political influence, gave him the foremost 
rank, his conduct was rather distinguished for its 
moderation, dignity and patriotism, than by any 



MARTIN VAN BUREN. I53 

over-bearing exercise of the power conferred by 
his favorable position. The proceedings of the 
convention have been laid before the public in a 
separate volume, and whoever refers to it, will 
find the speeches of Mr. Van Buren to be among 
the ablest it contains. The clearness and compre- 
hensiveness displayed in his discussions of the 
great principles of government ; the soundness, 
justice, and moderation of his views of the impor- 
tant questions which arose in the convention, will 
not fail to impress the reader with the most fa- 
vorable opinion of his integrity and talent. 

The business of the convention was brought 
forward, by referring each important portion of 
the constitution to a committee, with directions to 
report the alterations and amendments it might 
seem to them to require. That portion which re- 
lated to " the power of appointment to office, and 
the tenure thereof," was referred to a committee 
of seven, of which Mr. Van Buren was chair- 
man. 

The first occasion upon which Mr. Van Buren 
■expressed his views, at length, in the convention, 
was upon a report of the committee on the revi- 
sory power, proposing to vest in the Governor, 
the right to return a bill which had passed both 
houses, and requiring it to be re-passed, in each 
house, by a majority of two thirds, before it should 
become a *iaw. The provision was nearly in the 
words of that article of the constitution of the 
United States, which confers upon the President 
i)ie veto power. The exercise of that power, by 



154 THE LIFE OF 

the President of the United States, on two of 
three occasions of great interest, during the last 
six years, has turned public attention to an ex- 
amination of its utility and the proper method of 
its exercise. 

The views of Mr. Van Buren on this impor- 
tant question deserve, therefore, particular atten- 
tion ; and the speech here subjoined, not only 
fully explains these views, but embraces an able 
discussion of some of the most important princi- 
ples of government. 

Mr. Van Buren said : " I had flattered myself, Mr. Chair- 
man, that the Convention would have adopted the reviso- 
ry power proposed by the select committee, with the same 
unanimity with which they determined, on Tuesday, to 
expunge the third article of the constitution, and to sepa- 
rate the judiciary from the Legislature. But in that ex- 
pectation I have been disappointed. Notwithstanding 
the unanimous recommendation of the select committee, 
and the able manner in which it has been supported, a 
powerful opposition to it appears to exist. A proposition 
has been made by the gentleman from Dutchess (Mr. Li- 
vingston) which, from the respectability of the source 
from Avhence it emanates, the precedents on which it is 
founded, and the talents and character enlisted iu its sup- 
port, is entitled to the highest consideration. I shall, 
therefore, proceed to the discussion, Avith all the brevity 
which the importance of the subject will admit, and all 
the simplicity of which I am capable. 

" In the course of that discussion, the first question for 
our consideration, is, whether it is wise and proper that a 
restriction of any kind should be placed upon the legisla- 
tive power ? On that subject it would seem that little 
doubt could remain. That a check of some kind is neces- 
sary, is a principle that has received the sanction, and 
been confirmed by the experience of ages. A large ma- 
jority of the states in the Union, in which, if the science 
of government be not better understood, its first principles 
are certainly more faithfully regarded than in any other 
country, have provided restrictions of this sort. In the 



MARTIN VAN BUREN. 155 

constitutions of the freest go\crnmerits iu Europe, the 
same principle is adopted. It is conceded in both the pro- 
positions before the committee. 

'• The one imposes the restriction, by requiring two- 
thirds of the Legislature to pass a bill which may have 
been returned ; and the other, by requiring not only a ma- 
jority of the members present, but a majority of all the 
members elected. It would seem, therefore, that on the 
general principle that a restriction is proper, we are all 
agreed ; and the question arises, is the amendment pro- 
posed by the gentleman from Dutchess more desirable, and 
better adapted to perform the office intended, than the 
proposition introduced by the committee 1 Toairiv'e at a 
just conclusion on this subject, it will be necessary care- 
fully to consider the design of such a check, and the ad- 
vantages which are expected to result from it. Its object 
is, first, to guard against hasty and improvident legisla- 
tion : but more especially, to protect the executive and ju- 
dicial departments from legislative encroachments. With 
regard to the first of these objects — the prevention of has- 
ty and improvident legislation — the system of every free 
government proceeds on the assumption that checks, for 
that purpose, are wise, salutary, and proper. Hence the 
division of all legislative bodies into distinct branches, 
each with an absolute negative upon the other. The tal- 
ents, wisdom, and patriotism of the representatives could 
be thrown into one branch, and the public money saved 
by this procedure; still experience demonstrates that such 
a plan tends alike to the destruction of public liberty and 
private rights. They adopted it in Pennsylvania, and it 
is said to have received the approbation of the illustrious 
Franklin ; but they found that one branch only, led to 
pernicious effects. The system ciulurod but for a season ; 
and the necessity of different branches of their govern- 
ment, to act as mutual checks upon each other, was per- 
ceived, and the conviction Avas followed by an alteration 
of their constitution. The first step, then, towards check- 
ing the wild career of legislation, is the organization of 
two branches of the Legislature. Composed of different 
materials, they mutually watch over the proceedings of 
each other. And having the benefit of separate discus- 
sions, their measures receive a more thorough examina- 
tion, which uniformly leads to more favorable results. — 
But between these branches, as they are kindred bodies, 
it might sometimes ha])pen that the same feelings and pas- 
sions would prevail — feelings and passions which might 



156 THE LIFE OP 

lead to dangerous results. This rendered it necessary t& 
establish a third branch, to revise the proceedings of the 
two. But as this revisory power has generally been pla- 
ced in a small body, or a single hand, it is not vested with 
an absolute, but merely with a qualified negative. And 
our experience has proved that this third provision against 
hasty and unadvised acts of the Legislature, has been sal- 
utary and profitable. The people of this state have been 
in the habit of looking at the proceedings of the Legisla- 
ture thus constituted, and ihey have been accustomed ta 
this revisory power. Their objections have never been 
that this revisory power existed, or that it was distinct 
from the Legislature ; but they do complain that it is pla- 
ced in improper hands ; in the hands of persons not di- 
rectly responsible to the people, and whose duty forbids 
all connection with the Legislature. I am one of those 
who fully believe in the force and efficacy of that objec- 
tion. 

" The Council of revision was disposed of Ly-thc vote 
o-f Tuesday, and I could have wished that all further dis- 
cussion on the subject of its merits or demerits had been, 
dispensed with ; but a different course has been pursued. 
From the explanations of the chairman of the select com- 
mittee, the public would infer that we voted for th*} abo- 
lition of the Council of revision from feelings of delicacy 
and tenderness to the judiciary and to shield them from 
unjust calumny. Sir, my vote was not given frcm any 
such motive. I Avill not vote for the abolition of any arti- 
cle of the constitution out of kindness to any individual, 
I should be ashamed to have my vote go forth to my con- 
stituents upon any such grounds. The Council of revis- 
ion has not answered the purposes for which our fathers 
intended it. This is the ground and motive upon whicli 
my vote was given. I object to the Council, as being 
composed of the judiciary, who are not directly responsi- 
ble to the people. I object to it, because it inevitably con- 
nects the judiciary — those who, with pure hearts, and 
sound heads, should preside in the sanctuaries of justice, 
with the intrigues and collisions of party strife ; because 
it tends to make our judges politicians, and because such 
has been its practical effect. I am warranted by facts in 
making this objection. If such had not been the case, I 
should not have voted for expunging the third article of 
the constitution. 

" 1 highly esteem the honorable gentleman from Onei- 
da, (Judge Piatt.) who yesterday thought it his duty to 



MARTIN VAN BUREN. 157 

raise a discussion upon the merits of the Council. I re- 
gret that he has done so. [Judge Piatt rose and stated, 
that that part of the subject was distinctly introduced by 
the gentleman from Dutchess, (Mr. Livingston) and that 
he felt it his duty to reply. It was that gentleman who 
had given this direction to the debate.] Mr. Van Buren. 
I Avas not aware of that fact, but it in no sense changes 
the character of what I feel it my duly to say. No man 
on this floor is more averse to a discussion on that subject 
than I am ; but since the example has been set I shall pro- 
ceed. I respect the meiubers of the Council of revision, 
and for their sakes, this debate should never have been in- 
troduced. It will become our duty to revise that part of 
our constitution relating to the judiciary, and it is of vital 
iinportairce to its members, to preserve them free from 
prejudice. 

" Sir, have I not assumed the true ground which occa- 
sioned the unanimous vote of Tuesday, for separating the 
judiciary from the legislative department ? It needs but 
a slight vdew to shew that the operations of the Council 
have been such as I have stated. On this subject I will 
only call the attention of the committee to two instances. 
The first, is that to which the gentleman from Dutchess 
yesterday adverted. I ask the convention for a moment to 
recur to that lamentable occasion, Avhen the high power 
of prorogation was exercised by the executive, to check 
the torrent of corruption, which had set in upon the Le- 
gislature, and which proved the wisdom and necessity of 
some constitutional check.* This proving ineffectual, 
every eye was turned to the Council of revision, to arrest 
the progress of the measure about to be adopted. What 
was their course 7 The bill which had occasioned that 
strong exercise of power, was passed by the Council, al- 
though there were not wanting in that Council, men who 
were alive to the interests and the honor of the state ; the 
language of the majority was, that the bill upon its face, 
contained no provision contrary to the constitution, and 
that the Legislature were the judges of its expediency. 

" Pursue the subject farther. The scenes which pas- 
sed within these walls, during the darkest period of the 



* This allusion is to the prorogation of the Legislature by Gov, 
Tompkins in 1813, to prevent the incorporation of the Bank of 
America. 

14 



158 THE LIFE OF 

late war, cannut be forgotten. It is well known that ike 
two branches of the Legislature were divided ; while in 
the one house we were exerting ourselves to provide for 
the defence of the country, the other house were prepar- 
ing impeachments against the executive ibr appropriating 
money v/ithoutlaw, for the defence of the state. But the 
effort was unavailing. An election intervened, and the 
people, with honorable fidelity to the best interests of 
their country, returned a Legislature ready and willing 
to apply the public resources for the public defence. — 
They did so. They passed a variety of acts, called for 
by the exigencies of our country. But from the Council 
of revision were fulminated objections to the passage of 
those acts — objections which were industriously circulat- 
ed throughout the state to foment the elements of faction. 
Beyond all doubt, at thai moment, Avas produced the sen- 
timent which has led to the unanimous vote to abolish 
the Council. The Legislature had exerted themselves in 
the public defence ; and the object of these objections was 
to impress the public naind with a belief that their repre- 
sentatives were treading under foot the laws and constitu- 
tion of their country. The public voice on that occasion 
was open and decided ; and it has ever since continued 
to set in a current wide and deep against the Council. In 
making these remarks, I disclaim all personal allusions to 
the author of those objections. I entertain for him the 
highest respect. As a judicial officer, he is entitled to 
great consideration, and I should esteem his loss from the 
situation which he fills, as a public calamity. 

" Mr. Van Buren again repeated his regret tliat this 
discussion had been called forth, as the constitution of 
our judiciary is to be reviewed. But he could not con- 
sent, in abolishing the Council, to shed tears over its ru- 
ins, or pass an eulogy on its character. By doing this, 
and by the course of some gentlemen's arguments, we are 
mourning over our own acts, and preparing the public to 
distrust our sincerity. W^e ourselves are undermining 
what Ave ourselves have done. 

" To return to the argument — That legislative bodies 
are subject to passion, and sometimes to improper influ- 
ence is not to be denied. Their acts are frequently so de- 
trimental to the public interest, that the united voice of 
the people, calls for their repeal — a striking proof, if proof 
were necessary — that legislators are but men, subject to 
all the infirmities and frailties of our nature. The cases 
cited by the gentleman from Dutchess, (Mr. Talhnadge) 



MARTIN VAN BUREN. 159 

are strong and directly in point. They show, that the re- 
presentatives of thepcople do sometimes err. They show 
also the necessity ol' preserving a controlling power. — 
And ^^ hat is the consequence of placing such a power, 
upon the footing recommended, by the report of the com- 
mittee ? It may suspend for a time the operations of the 
Legislature. It may prevent the passage of a bad law, 
but never can defeat the passage of a good one. If a good 
law be returned with objections, it will come before the 
people, they will pronounce upon it, and return represen- 
tatives, who will insist upon its passage. If it be a bad 
one, the revisory power will be justified ; delay, there- 
fore, for the most part, will be the only consequence of the 
check, and that will be followed, by all the benefits of 
further discussion, and a fuller understanding of the sub- 
ject. But the advantpges of such a power, are not con- 
fined to its exercise. I concur with my honorable friend 
from Oneida, (Judge Piatt) as to its silent effect. The ad- 
vantages arising from its silent and unseen operation, are 
doubtless greater than those arising from an exercise of the 
power. A bare majority is not always an indication of 
honesty, or that a favorite measure is correct. Great 
weight of character and powerful talents are often embo- 
died in the minority. Many laws pass by a bare major- 
ity ; but when there is a qualified negative upon the acts 
of the Legislature, the gentlemen of the majority, aware of 
this power, may be restrained from passing many impro- 
per bills. I have no doubt but considerations of this kind 
have influenced the conduct of legislators for years past. 
In every point of view, whether from our own experience, 
or the experience of other states, we discover this liability 
of legislators to act hastily and inconsiderately. The 
judgments of most reflecting men unite in the expediency 
of some check like that proposed by the committee ; and 
when it can be productive of no other effect than to sus- 
pend the passage of a bill, and thereby enable the people 
to express their will upon the subject, it is to me, sir, mat- 
ter of surprise, that so much hostility should be shewn to 
the report of the committee. 

" But, sir, the prevention of party legislation is not the 
only, nor the most important reason, why we are dispos- 
ed to give this power to the executive. Our government 
is divided into separate and distinct departments — the ex- 
ecutive, judicial, and legislative. And it is indispensable 
to the preservation of the system that each of these de- 
partments should be preserved in its proper sphere from 



160 THE LIFE OF 

the encroachments of the others. It is objected, however, to 
vesting the power in the hands of a single individual, on 
account of the liability of man to the abuse of power. 
But an instance of the abuse of power thus confided, has 
never existed, where it did not defeat the very object for 
which it was abused. 

" Distinct branches are not only necessasy to the exist- 
ence of government, but when you have prescribed them, it 
is necessary that you should make them in a great degree, 
independent of each other. No government can be so 
formed as to make them entirely separate ; but it has been 
the study of the wisest and best men, to invent a plan, by 
which they might be rendered as independent of each oth- 
er as the nature of government would admit. The legis- 
lative department is by far the strongest, and is constant- 
ly inclined to encroach upon the weaker branches of go- 
vernment, and upon individual rights. This arises from 
a variety of causes. In the first place, the powers of that 
department are more extensive and undefinablo than those 
of any other, which gives its members an exalted idea of 
their superiority. They are the representatives of the 
people, from which circumstance, they think they possess, 
and of right ought to possess, all the powers of the people. 
This is natural and it is easy to imagine the consequen- 
ces that may folloAV. 

" This is not all — they hold the purse strings of the 
state ; and every member of all the branches of the go- 
vernment is dependent on them for his subsistence. You 
have been told, and correctly told, that those who feed 
men, and enjoy the privilege of dispensing the public 
bounty, will in a greater or less degree influence and con- 
trol them. Is it unreasonable, or improbable, to suppose, 
that power, thus constituted, should have a tendency to 
exert itself, for purposes not congenial with the true in- 
terests of the other branches of government ? The gen- 
tleman from Dutchess, (Mr. Tallmadge,) referred to some 
striking illustrations of the conduct of legislative bodies, 
in this particular, which show that power thus vested is 
too frequently abused. The case of Pennsylvania is en- 
titled to our serious consideration. In 1783 they provid- 
ed a board of censors to examine into the proceedings of 
their Legislature. Those censors, though some of them 
had taken part in the proceedings of that body for years, 
pointed out and reported a long list of legislative infrac- 
tions of the constitution. In 1790 a Convention was cal- 
led, which formed a new constitution. That body, after 



MARTIN VAN BUREN. lOi 

fall and deliberate discussion, inserted in their constitu- 
tion that very article which has been reported as AV')rthy 
of a place in ours. That Convention was composed of 
the wisest and best men in the state, many of whom as- 
sisted in forming the constitution of the United States. 
It contained Mifflin, M'Kean, Addison, Gallatin, and a 
long list of other statesmen, distinguished for their tal- 
ents, wisdom, and experience. The people of Pennsyl- 
vania, at the adoption of their first constitution, did not 
believe in the principle for which I am contending ; but 
experience soon taught them that they were wrong. The 
check proposed in 1790 was adopted, and the Legislature 
has since been kept in the line of their duty. In my view, 
the conduct of Pennsylvania affords the strongest testi- 
mony in favor of adopting the course recommended by 
the committee ; and I cannot but believe, that if the pro- 
position of the gentleman from Dutchess, (Mr. Livings- 
ton) should prevail. New York would experience the same 
evils, and be compelled to resort to the same measures, 
to get rid of the experiment. 

" The gentleman from Dutchess, (Mr. Livingston) has 
referred us to Virginia, and descanted on the number, 
wisdom, and integrity of their statesmen. Mr. Van Bu- 
ren would assent cheerfully to all he had said upon that 
point. In that number Avas included the political father 
of the state, Mr. Jelierson. No man had more experience 
in the government of that state ; no one had more fear- 
lessly pointed out the defects of their constitution. Un- 
fortunately, it imposes no check upon t!ie legislative pow- 
er ; their Governor is elected by the Legislature, and of 
rourse is but a creature of that body. And, sir, (said Mr. 
Van Buren) at this moment it is a source of regret to the 
best statesmen of Virginia, that they have no check, Mr. 
Jefferson, in his Notes on Virginia, expresses himself 
thus : — 

'•'All the powers of government, legislative, executive, 
and judiciary, result to the legislative body. The con- 
centrating these in the same hands is precisely the defini- 
tion of despotic government. It v/ill be no alleviation 
that these powers will be exerciso^d by a plurality of hands, 
and not by a single one. One hundred and seventy-three 
despots would surely be as oppressive as one. Let those 
who doubt it turn their eyes on the republic of Venice. 
As little will it avail us that they are chosen by ourselves. 
14* 



162 THE LIFE OF 

An elective despotism was not the government we fought 
for; but one which should not only be founded on free 
principles, but in which the powers of government should 
be so divided and balanced among several bodies of ma- 
gistracy, as that no one could transcend their legal limits, 
without being elfectually checked and restrained by the 
others. For this reason, that Convention which passed 
the ordinance of government, laid its foundation on this 
basis, that the legislative, executive, and judiciary de- 
partments should be separate and distinct, so that no per- 
son should exercise the powers of more than one of them 
at the same time. But no handier was provided between 
these several powers. The judiciary and executive mem- 
bers were left dependent on the legislative for their sub- 
sistence in office, and some of them for their continuance 
in it. If therefore the Legislature assume executive and 
judiciary powers, no opposition is likely to be made ; nor 
if made can be effectual ; because in that case, they may 
put their proceedings into the form of an act of assembly, 
which Avill render them obligatory on tlie other branches. 
They have accordingly in many instances decided rights 
which should have been left to judiciary controvei'sy ; 
and the direction of the executive, during the whole time 
oj their session, is becoming habitual and familiar .^ 

" Here, sir, we have the opinion and the complaints of 
this great man. The Legislature had usurped the power 
of all the departments. The people had declared that 
those departments should be independent, but they deceiv- 
ed themselves by trusting to parcbment regulat ons. And 
the gentleman from Dutchess, (Mr. Livingston) wishes us 
to go on, and in the same manner invest the Legislature 
with all the powers of the people. 

" But this is not all. That there may be no mistake in 
the views of this distinguished man, 1 think it proper to 
state, that in 17S3, it was contemplated to call a Conven- 
tion to amend their constitution. Mr. Jeflcrson, with pa- 
ternal solicitude for the interests of the state, framed a 
constitution, to be submitted to that body. It may be 
found in the appendix to the Notes on Virginia. It con- 
tains a provision, declaring that the Governor, two Coun- 
cillors of state, and a Judge of each of the Superior Courts, 
should be a Council to revise all bills passed by the Le- 
gislature, and that a bill when returned by the" Council 
should not become a law unless two-thirds of each house 



MARTIN VAN BUREN. 163 

should concur in its passage. Here, then, we have his de- 
liberate opinion, that an cliicient ciieck is necessary upon 
the legislative power. And I have no doubt that should 
there ever be a Convenlion in V^irginia to revise their con- 
stitution, such a provision would be one of the first to be 
adopted. But it is undeniably true, and so admitted by 
Mr. Jefferson, that Virginia is emphatically the land of 
steady habits, and although there are many defects ac- 
knowledged to exist in their constitution, still their reluc- 
tance to introduce a change, has hitherto prevented the 
call of a Convention. 

" The gentleman from Westchester, (Mr. .lay) has pre- 
sented a long list of instances, where the Legislature have 
encroached upon the executive, by concurrent resolutions ; 
a striking proof of the truth of my remarks. And, sir, if 
you provide no check, the Legislature can go on to strip 
the executive of all his power. Then is it not necessary, 
for the well being of government, to vest a salutary check 
in some other department ? A contrary doctrine, I am 
satisfied, is dangerous and absurd. In the constitution of 
the United States, and in several of the other states, you 
have a provision precisely similar to that for which we 
are now contending. Although amendments to the feder- 
al constitution have been proposed from almost every 
part of the Union, still against that provision we have 
never heard a murmur. That provision was avowedly 
copied from the constitution of Massachusetts, where its 
utility has never been questioned. Maine lived under it 
("or nearly forty years, and on being separated into an in- 
dependent state, has adopted the same provision. The 
late Convention in Massachusetts afibrds one of the strong- 
est evidences that a patriotic people can give, in favor of 
this provision. This Convention was composed of their 
wisest and best men, selected without reference to party, 
and embracing almost the whole body of the talents of 
that state. They were two months in session, and in the 
course of all their debates, not a word of complaint was 
uttered against this part of the constitution. 

" Sir, such is the superior force and influence of legis- 
lative power — such is the reverence and regard with 
whicii it is looked up to, that no man in the community 
will have the temerity, on ordinary occasions, to resist 
its acts, or check its proceedings. 1 cannot illustrate this 
position more strongly than by a reference to the constitu- 
tion of England. There the executive is a branch of the 
Legislature, and has an absolute negative. Surrounded 



104 THE LIFE OF 

as he is with prerogative, and p'aceil far beyond the reach 
of the people, yet since the year 1692, no objection has 
been made by the kin^ of Great Britain to any bill pre- 
sented for liis approbation. Rather than produce the ex- 
citement and irritation which, even there, would result 
from the rejection of a bill passed by the parliament, he 
has resorted to means which have degraded the govern- 
ment, and dishonored the nation, to prevent the passage 
of bills which he should feel it his duty to reject. In the 
declaration of independence, in the catalogue of Avrongs 
under which our fathers had been suftering, one of the 
most prominent was, that the king had exercised his pre- 
rogative, and had refused his sanction to salutary laws. 
Gentlemen may therefore rest satisfied, that very little 
danger is to be apprehended on this subject. There is, 
besides, a proposiiion.to reduce the term of service of the 
Governor, from three years to one. Is it possible, then, 
that when thus made immediately responsible to the peo- 
ple, there can exist any well founded causes of alarm ? 

'• I hope, sir, we shall adopt the report of the commit- 
tee, for these, and many other reasons which I shall not 
tire the patience of the committee by detailing. It is a 
common remark, that in alterations in government, peo- 
ple arc apt to go from one extreme to the other. And, 
sir, are not :jenllem?n now going upon extremes ? We 
have abolislied the Council of revision, and weakened the 
revisory power, and by the amendment o.Tered by the gen- 
tleman from Dutchess, (Mr. Livingston) we destroy it al- 
together. True, the Governor can return a bill with his 
objections. But what will it avail ? A bare majority 
can pass the bill notwithstanding, and as his reasons will 
probably be those which the Legislature have already 
considered, can it b? believed, sir, that his recommenda- 
tion will have any eTect ? Can it be supposed for a mo- 
ment, that the members of the Legislature would to-day 
record their names on the journals in one way, and to- 
morrow record them in a different way ? And will not 
the Governor be restrained from exercising that power, 
when he knows it is vain and idle ? 

" We have heretofore had the revisory power in the 
hands of the judiciarv and executive united ; and now, 
because the people call for its separation, shall we de- 
stroy it altogether ? Shall we go to the other extreme, 
and have no restriction whatever ? I cannot perceive 
the benefits to result from such a course ; I am persuaded 
of its impropriety. We have decided on abolishing the 



MARTIN VAN BUREN. 1G5 

Council of revision, in a manner that will redound to our 
credit ; and 1 had flattered myself from the promptness 
with which that decision was made, that the passage of 
the amendment would have followed without opposition. 
Let us not agitate and excite the fears of the community. 
They have expected an alteration of the legislative check, 
but not an abandonment of the principle. A portion of 
the people of this state, believe the Council of revision to 
have been wisely instituted, and of great practical utility. 
There are others, who think a change is necessary, and 
that the judiciary should have no connection with the oth- 
er branches of government. Adopt the proposition of the 
gentleman from Dutchess, and what will be the conse- 
quence 1 You alarm those two great bodies of our citi- 
zens, and hazard the rejection of your proceedings. If 
we would inspire the people with conlidence in our acts 
— if we would ensure their approbation — if we would ef- 
fect those wise and salutary amendments which the public 
voice and the public interest demand, we should beware 
of vibrating to extremes, and of introducing an innovation 
so hazardous and unexpected, as that which we are dis- 
cussing."* 



The article, as reported by the committee and 
sustained by Mr. Van Buren, was finally adopted 
into the constitution. 

Analagous to the question involved in the above 
article, was that which arose on the term for 
which the Governor should be elected. A part of 
Mr. Van Buren's remarks on this point were as 
follows : 



" As we increase the power of the executive, we should 
also increase the responsibility of the Governor. We 
should bring him more frequently before the people. 
His conflicts, if any, will not be with the Legislature. He 



* Carter and Stone's Reports of the New York Convention, 
page 70. 



16G THE LIFE OF 

was rendered by the provision noAV proposed, utterly and 
entirely independent of the Legislature. Of the people 
he did not think he should be rendered so independent. 
In the exercise of the veto, which will only take place on 
important occasions, he will be supported, if he should 
have acted manifestly for the public good. He had not 
experienced the evils of triennial elections ; but as Ave 
had vastly increased the power of the Governor, a strong 
desire is manifested to abridge his term, and in this senti- 
ment he concurred. But how abridge it ? We wish the 
people to have an opportunity of testing their Governor's 
conduct, not by the feelings of temporary excitement, but 
by that sober second thought, which is never wrong. Can 
that be effected if you abridge the term to one year? No, 
sir : it is necessary that his power exist long enough to 
survive that temporary excitement, which a measure of 
public importance must occasion, and to enable the peo- 
ple to detect the fallacy with which the acts of government 
may be veiled as to their real motives. Can a fair judg- 
ment of motives, or of the effect of measures, be made in 
a few months ? No, sir — even a term longer than three 
years, must sometimes be necessary to enable us to judge 
of the effect of measures. But we must not go into ex- 
tremes, or we shall rouse the jealousies of the people, in 
weakening the responsibility to them, of their public offi- 
cers. Let us test the question by reason. You have a 
state and population, Avhose concerns bear a strong anal- 
ogy to the interests of the Union. Can a Governor, in 
a term of one year, make himself acquainted with the 
interests, the wants, and condition of this great state ? 
There was one remark he made with great deference — in 
all the eastern states, the tenure of the chief magistrate is 
for only one year ; and the majority of this Convention 
have imbibed their notions under those constitutions, and 
naturally consider them wise. Others, who have lived 
under the constitution of this state, have preferred, as he 
had been accustomed to do, the tenure of three years ; 
and he asked, if there Avas not some respect, some comity 
due, to those who have viewed this, among other provis- 
i'ons of our constitution, with reverence. For these rea- 
sons he hoped the blank would be filled Avith two years."* 



* Debates in New York Convention, pnge 117. 



MARTIN VAN BUREN. 1G7 

Oil the 17tli of September, Mr. Van Buren, as 
chairman of the committee on the appointing pow- 
er, presented an elaborate report, the resuh of 
great consideration and reflection on the part of 
the committee. Tlie principles of this report were 
defended and explained by Mr. Van Buren on se- 
veral occasions, but as his remarks, on this sub- 
ject, do not involve any important general views, 
they are not here inserted. The proposition of 
the committee, with some modification, was finally 
adopted. The Council of appointment was abol- 
ished ; the substitutes adopted, appear in the con- 
stitution of that state.* 

On the proposition of prefixing to the constitu- 
tion a bill of rights, Mr, Van Buren was averse 
to it : "A bill of rights, Sir," said he " is a privi- 
lege, according to the original signification of it ; 
a concession, extorted from the king in favor of 
popular liberty. But how does that apply here ?" 
He then went into a history of the origin of bills of 
right in England, and concluded by expressing a 
wish that, as a bill of rights, this might not prevail ; 
but that any provision on it, which might be deem- 
ed salutary, should be engrafted upon the consti- 
tution. 

One of the principal objects of amending the 
constitution was to extend the right of suffrage ; 
and the leading discussions in the Convention re- 



* See an able speech by Mr. Van Buren, explaining the report 
of the comniillcc. in the Debates ofihe Convention, page 296. 



168 THE LIFE OF 

lated to that topic. The committee to whom that 
subject was referred, proposed a residence of six 
months in the state, and the having paid taxes, or 
worked on the highways, or done military duty, 
as the qualification of an elector. Judge Spencer 
proposed as an amendment, to require, as a quali- 
fication to vote for Senators, a freehold estate of 
the value of two hundred and fifty dollars. Mr. 
Van Buren strenuously opposed this amendment, 
and the following extracts from his speech on this 
occasion, will shew his general views with regard 
to the propriety of restricting the elective fran- 
chise to freeholders. 



" Ma. Van Buren, said he was opposed to the amend- 
ment under consideration, olfered by the gentleman from 
Albany, (Chief Justice Spencer ;) and he would beg the 
indulgence of the committee, for a short time, while he 
should attempt to explain the reasons, Avhich, in his opin- 
ion, required its rejection. The extreme importance 
which the honorable mover had attached to the subject, 
and the sombre and frightful picture which had been 
drawn by his colleague, (tlie Chancellor,) of the alarming 
consequences, which would result from the adoption of a 
course, different from the one recommended, rendered it a 
duty, which those, who entertained a contrary opinion, 
ov/ed to themselves and their constituents, to explain the 
motives which governed them. If a stranger had heard 
the discussions on this subject, and had been unacquaint- 
ed with the character of our people, and the character 
and standing of those, who find it their duty to oppose 
this measure, he might Avell have supposed, that we were 
on the point of prostrating with lawless violence, one of 
the fairest and firmest ])illars of the government, and of 
introducing into the sanctuary of the constitution, a mob 
or a rabble, violent and disorganizing, as were the Jaco- 
bins of France ; and furious and visionary as the radicals 
of England, are, by some gentlemen, supposed to be. The 
honorable gentleman from Albany, (the Chancellor,) tells 
us, that if we send the constitution to the people, without 



MARTIN VAN BUREN. 169 

the provision, contemplated by the proposition now under 
consideration, it will mef-t with the scorn of the wise, and 
be hailed with exultation by the vicious and the profli- 
gate. He entertained, he said, a high personal respect 
for the mover of this amendment, and also for his learned 
colleague, Avho had so eloquently and pathetically de- 
scribed to them the many evils and miseries which its re- 
jection would occasion ; he declared his entire conviction 
of his sincerity in what he had uttered, his simplicity of 
character, he had himself so feelingly described, his known 
candor and purity of character would forbid any one to 
doubt, that he spoke the sentiments of his heart. But be- 
lieving as he did, that those fears and apprehensions 
were wholly without foundation, it could not be expected, 
that he would suffer them to govern his conduct. 

" Permit me to ask, (said Mr. Van Buren) Avhere are 
the wise men to be found, who it is supposed would pass 
a censure so severe on our conduct ? Did the honorable 
gentleman allude to the wise men of the east ? Through- 
out their dominions, not a constitution is to be found, con- 
taining, in form or substance, the provision contemplated 
by the amendment. Did he allude to their descendants 
in the west? In Ohio, and partially in Illinois and in In- 
diana ? Their constitutions were in this particular as 
ours Avould be, if this amendment was adopted. Did he 
allude to those of the south ? In none of their constitu- 
tions, nor in those of any state in the Union, (except 
North Carolina,) was such a provision as that proposed by 
the amendment to be found. In the constitution of the 
Union, too, which has been in operation long enough to 
test the correctness and soundness of its principles, there 
was no excessive freehold representation. That constitu- 
tion was now the boast and pride of the American people, 
and the admiration of the world. He presumed there 
was not an individual in that committee, who would 
question the sufficiency of the General Government, for 
the protection of life, liberty and property. Under this 
government, and the several state constitutions, the states 
had been, and continued to be, rapidly advancing in public 
improvements, and the nation was in the full fruition of 
the blessings of civil and religious liberty ; every one was 
sitting quietly and safely under his own vine and fig tree, 
and every one enjoying, Avithout molestation, the fruits of 
his own labor and mdustry. 

" It could not, therefore, fail to strike the mind of every 
man, that the great alarm, which had been attempted to be 
15 



170 THE LIFE OF 

excited upon lliis subject, was entirely imagiaflry^cer- 
tainly without adeciuate foundation. Wliy, then, he would 
ask, had this appeal hcen made to the fears and apprehen- 
sions of the committee l 

" In the grave and portentous deductions, which the hon- 
orable gentleman, who supported the amendment, had 
drawn from the rejection ot the amendment under consid- 
eration, the question raised by it, had been, in a great de- 
gree, disregarded, if not entirely lost sight of. The com- 
mittee had been entertained with the most frightful con- 
jectures, on subjects, if not wholly, certainly in a great de 
gree, unconnected with the object of the amendment. — 
They had been told of the present bad character, and 
worse propensities of a great portion of their present popu- 
lation — the demoralizing effects of great manufacturing 
establishments, which might, or might not, hereafter grow 
up among us, had been portrayed in the darkest colors — 
the dissolute and abandoned character of a large portion 
of the inliabitants of the old cities of Europe, and the pro- 
bability of similar degeneracy in this happy land, had been 
represented in hideous deformity ; and all the powers of 
eloquence, and the inventions of imagination, had been 
enlisted, to jiresent to our view, a long train of evils, 
which would follow, from extending the right of suffrage 
to such a description of people. And all this had been 
done, to procure the adoption of the amendment under 
consideration. He would now put the question lo the so- 
ber sense of the committee, and to the highly respectable 
and venerable gentlemen, who had thought proper to 
press these matters upon (hem in this stage of the discus- 
sion, with what propriety had this been done ? Did the 
amendment raise the question, whether an}^''and what 
amount of property should be a requisite quanfrcation for 
a voter ? Whether contributions to the public for the pro- 
tection of property, in the shape of taxes sh^ll be requir- 
ed ? or whether personal services, either in "^he public de- 
fence, or for public improvements, should be deemed suffi- 
cient ? These, he said, werequestions brought into view 
by the report of the select committee, and on which, they 
would hereafter have to act, but they were not now under 
discussion. When they would come before them, then 
would the past, the present, and probable future character 
of the population of this state, be proper subjects for con- 
sideration. * * * 

" There were two words, continued Mr. Van Buren, 
which had come into common use with our revolutionary 



MARTIN VAN BUUEN. 171 

struggle ; words which contained an abridgement of our 
political rights ; words which, at that day, had a talisman- 
ic effect ; which led our i'alhers from the bosoms of their 
families to the tented field ; which, for seven long years 
of toil and suffering, had kept them to their arms ; and 
which finally conducted them to a glorious triumph. 
They were ' taxation and repbese.ntation ;' nor did 
they lose their influence with the close of that struggle. 
They were never heard in our halls of legislation, with- 
out bringing to our recollections the consecrated feelings 
of those who won our liberties, or without reminding us 
of every thing that was sacred in principle. * * * 

" Apply, said he, for a moment, the principles they in- 
culcate to the question under consideration, and let its 
merits be thereby tested. Are those of your citizens re- 
presented, whose voices are never heard in your Senate ? 
Are these citizens in any degree represented or heard, in 
the formation of your courts of justice, from the highest to 
the lowest? Was, then, representation in one branch of 
the Legislature, which by itself can do nothing — which, 
instead of securing to them the blessings of legislation, on- 
ly enables them to prevent it as an evil, any thing more 
than a shadow I Was it not emphatically ' keeping the 
word of promise to the ear, and breaking it to the hope ?' 
Was it not even less than the rirtiial representation, 
with which our fathers Avere attempted to be appeased by 
their oppressors? It was even so ; and if so, could they, 
as long as this distinction was retained, hold up their 
heads, and, without blushing, pretend to be the advocates 
for that special canon of political rights, that taxation 
and representation were, and ever should be, indissoluble ? 
He thouglit not. 

" In whose name, and for whose benefit, he inquired, 
were they called upon to disappoint the just expectations 
of their constituents, and to persevere in what he could 
not but regard as a violation of principle ? It was in the 
name, and for the security of '■farmers,'' that they were 
called upon to adopt this measure This, he said, was, 
indeed, acting in an imposing name ; and they who used 
it, knew full well that it was so. It was, continued Mr. 
Van Buren, the boast, the pride, and the security of this 
nation, that she had in her bosom a body of men who, for 
sobriety, integrity, industry, and patriotism, Avere une- 
qualled by tile cultivators of the earth in any part of the 
known world ; nay, more, to compare them with the men 
of similar pursuits >iw other countries, was to degrade 



172 THE LIFE OF 

them. And woful must be our degeneracy, before any 
thing which might be supposed to affect the interests of 
the farmers of this country, could be listened to with in- 
difference by those who governed us. 

" He could not, he said, yield to any man in respect for 
this invaluable class of our citizens, nor in zeal for 
their support : but how did this matter stand ? enquired 
Mr. Van Buren. Was the allegation that they were vio- 
lating the wishes, and tampering with the security of the 
farmers, founded in fact, or was it merely colorable ? 
Who, he asked, had hitherto constituted a majority of 
the voters of the state ? The farmers — Avho had called 
for, and insisted upon the Convention. Farmers and 
freeholders ! Who passed the law admitting those, who 
were not electors, to a free participation in the decision of 
the question of Convention or No Convention^ and also in 
the choice of delegates to that body. A Legislature, a 
majority of whom were farmers, and probably every one 
of them freeholders, of the value of two hundred and 
fifty dollars and upwards ! The farmers of this state had, 
he said, by an overwhelming majority, admitted those 
who were not freeholders, to a full participation with 
themselves in every stage of this great effort to amend 
our constitution, and to ameliorate the condition of the 
people : could he, then, ought he, to be told, that they 
would be disappointed in their expectations, when they 
found that by the provisions of the constitution as amend- 
ed, a great proportion of their fellow citizens were en- 
franchised, and released, from fetters which they them- 
selves had done all in their power to loosen ? He did 
not believe it. Again, enquired Mr. Van Buren, who are 
we, that have been chosen to perform this great, and he 
could not but think, good work? A great majority of us 
are practical farmers ; all freeholders, and of no small 
amounts. Were they their own worst enemies ? Could 
they be suspected of a want of fidelity to the freehold in- 
terest 1 No ! The farmers had looked for such an event; 
they earnestly desired it. Whatever ravages the posses- 
sion of power might have made in the breasts of others, 
they at least had shewn that they could ' feel power with- 
out forgetting right.' If any thing, (said Mr. Van Bu- 
ren,) could render this invaluable class of men dearer and 
more estimable than they were, it was this magnanirnous 
sacrifice which they had made on the altar of principle, 
by consenting to admit those of their fellow citizens, 
who though not so highly favored ^ themselves by for- 



MARTIN VAN BURRN. 173 

tune, hail still enouQjh to hind them to their country, to 
an equal participation in the blessings ol" a free govern- 
ment. Thus, Mr. Van Buren said he understood tlieir 
wishes, and he would govern himself accordingly ; having 
the consolation to know, that if he should have misun- 
derstood them, they would have tiie j>o\ver of rescuing 
themselves, from the etTects of such misapprehension, 
by rejecting the amendments, which should be proposed 
for their adoption. 

"But let us, said he, consider this suhject in another 
and dilVerent point of view; it was their duty, and he 
had no doubt it was their wish, to satisfy all, so that their 
proceedings might meet with the approbation of the 
whole community ; it Avas his desire to respect the wish- 
es and consult the interests of all ; he would not hamper 
the rich nor tread upon the poor, hut would respect each 
alike. He would, he said, submit a few considerations 
to the men of property, Avho think this provision necessa- 
ry for its security, and in doing so, he would speak oi" 
property in general, dropping the important distinction 
made by the amendment ofi'ered, between real and personal 
estate. Admitting for the sake of argument, that the 
distinction was just, and wise, and necessary, for the se- 
curity of property, was the object efl'ected by the present 
regulation ? He thought not ; property was not now 
represented in the senate to the extent it was erroneous- 
ly supposed to be. To represent individual property, it 
would be necessary that each individual should have a 
number of votes in some degree at least, in proportion to 
the amount of his property ; this Avas the manner in 
Avhich property Av^as represented, in A^arious corporations 
and in monied institutions. Suppose in any such insti- 
tution one man had one hundred shares, another one share, 
could you gravely tell the man Avho held one hun- 
dred shares, that his property was represented in the di- 
rection, if their votes Av^ere equal. To say that because a 
man worth millions, as is the case of one in this commit- 
tee, has one vote, and another citizen Avorth only f aa'o hun- 
dred and fifty dollars in real estate, has one vote for Sena- 
tors, that therefore their property is equally represented in 
the Senate, is, to say the Ieast,speaking very incorrectly ; il 
is literally substituting a shadoAV for a reality ; and 
though the case he had stated by AA^ay of illustration, 
would not he a common one, still the disparity which 
pervaded the Avhole community, Avas sufficiently great lo 
render his argument correct. 
15* 



174 THE LIFE OF 

" If to this it was answered, as it had been by the gen- 
tleman from Albany, (Mr. Van Vechten,) that the amount 
was not material ; that the idea of their representing free- 
holders would be sufficient ; his reply was, that this purpose 
was already effected by the constitution as it stands. It 
now provides that the Senators shall be freeholders ; and 
that part of the constitution it was not proposed to alter. 
There was no objection to fixing the amount of the free- 
hold required in the elected, and to place it on a respecta- 
ble, but not extravagant footing. If, therefore, an ideal 
representation of property was of any value, that object 
was fully obtained without the amendment. But the 
preservation of individual property, is not the great ob- 
ject of having it represented in the Senate. 

" When the people of this state shall have so far degen- 
erated ; when the principles of order or of good government 
which now characterize our people, and afford security to 
our institutions, shall have so far given way to those of 
anarchy and violence, as to lead to an attack on private 
property, or an agrarian law ; to which allusion had been 
made by the gentleman from Albany, (Mr. Kent,) or by 
an attempt to throw all the public burthens on any par- 
ticular class of men ; then all constitutional provisions 
will be idle and unavailing, because they will have lost 
all their force and influence, in answer to the apprehen- 
sion so frequently expressed, that unless this amendment 
f)revails, there is nothing to prevent all the taxes being 
aid on the real estate, it is only necessary to state, that 
there is no more in the constitution of the United States, 
than there will be in ours, if the amendment fails, to pre- 
vent all the revenues of the Union from being raised by 
direct taxation. And was such a fear ever entertained 
for^ the General Government ? How is it possible for 
gentlemen to suppose, that in a constitutional regulation, 
under which all the states are enjoying the most ample 
security for property, an individual state would be expos- 
ed to danger. * * * 

"The representation, then, of property in the Senate, un- 
der the existing constitution, was, he said, as it respected 
individual estates, wholly delusive, and as it respected 
the interest of property in the different sections of the state 
so flagrantly unequal as to destroy practical advantage to 
property from a representation of it, and not only so, but 
made it infinitely worse than if property was not profes- 
sed to be represented at all. * * * 
" And what, he enquired, had been its practical effects ? 



MARTIN VAN BOREN. 175 

had they been such as to afibrd any additional secnrlty to 

Eroperty ? had the members of the Senate, for years past, 
een more respectable for talents or integrity 7 had they 
shewn a greater regard for property ? had they been more 
vigilant in guarding the public treasury than the assem- 
bly. 

" The Senate, he said, Avas the only legislative body in 
which he had ever had the honor of a seat ; and he had 
been there from a very early age — almost all his political 
connexions had been with that body — his earliest politi- 
cal recollections were associated with its proceedings, 
and he had had, in some of its proceedings, as much cause 
for individual gratification as could well, under the same 
circumstances, fall to the lot of any man ; notwithstand- 
ing which, and also the strong partiality he had always 
felt for that body, he could not say, that in the many 
years he was there, the sentiment never occurred to him, 
that such was the case. On the contrary, a regard to 
truth constrained him to say, that every thing, which re- 
garded the imposition of public burdens, and the disposi- 
tion of public property, were more closely looked into, 
and more severely scrutinized by the Assembly than the 
Senate. The sense of immediate responsibility to the 
people, produced more effect on the Assembly, than the 
consideration, that thev represented those, who were sup- 
posed principally to bear the burdens, did in the Senate ; 
and such, he conscientiously believed, would always be 
the case. He asked the members of the committee, 
whether they believed, that there had been a moment for 
the last forty years, when a proposition in the Assembly 
to make an unjust distinction between real and personal 

Property, in the imposition of public burdens, would not 
ave been hooted out of that body, if any one had been 
found mad enough to have dared its introduction ? Why, 
then, he asked, alarm ourselves by fears for the future, 
which the experience of the past had demonstrated to be 
erroneous? Why disregard the ac monitions of experi- 
ence, to pursue the dubious path of speculation and the- 
ory ? 

" He had no doubt but the honorable gentlemen who 
had spoken in favor of the amendment, had suffered from 
the fearful forebodings which they had expressed. That 
ever to be revered band of patriots who made our consti- 
tution, entertained them also, and therefore they engraft- 
ed in it the clause which is now contended for. But a 
full and perfect experieucc had proved the fallacy of their 



17G -trilE LIFR OF 

speculation, anvi they were now called upon again to 
adopt tlie exploded notion; and on that ground, to dis- 
franchise, it' not a majority, nearly a moiety, of ourciti 
zeiis. He said he was an unbeliever in the speculations 
and mere theories on tiie subject of government, of the 
hest and the wisest men, when unsupported by, and es- 
pecially when opj.osed to, experience. He believed with 
a sensible, and elegant, and modern writer, ' that consti- 
tutions are the work of time, not the invention of inge- 
nuity : and thai to frame a complete system of govern- 
ment, depending on habits of reverence and experience, 
was an attempt as aijsurd as to build a tree, or manufac- 
ture an opinion.' 

" All our observation, he said, united to justify this as- 
sertion — when they looked at the proceedings of the con- 
vention whicii adopted ihe constitution of the United 
States, they could not fail lo be struck by the extrava- 
gance, and, as experience had proved, the futility of the 
fears and liopes that were entertained and expressed, 
from tiie diiferent provisions of ihat constitution, by the 
members. The venerable and enlightened Franklin, had 
no hope if the President iiad the qualihed negative, that 
it would be possible to keep him honest; that the exten- 
sive power ol objecting lo laws, would inevitably lead to 
ihe bestowment of douceurs to prevent the exercise of liie 
power ; and many, very many of the members, believed 
that the General Government, framed as it was, Avould, 
in a few years, prostrate the state governments. While, 
on the oiliLT hand, the lamented Hamilton, Mr. Madison, 
and others, distressed themselves with the apprehension, 
that unless they could infuse more vigor into the consti- 
tution they were about to adopt, the work of their hands 
could not be expected to survive its framers. Experi- 
ence, the only unerring touchstone, had proved the fallacy 
of all those speculations, as it had also those of the fram- 
ers of our state constitution, in the particular now under 
consideration; and having her records before them, he 
was for being governed by them. * * * 

" If, then, it was true that the present representation of 
property in the Senate was ideal, and purely ideal, did 
not, continued Mr. V. B. sound policy dictate an aban- 
donment of it, by the possessors of property ? He thought 
it did ; he thought so because he held it to be at all times, 
and under all circumstances, and for all interests, unwise 
to struggle against the wishes of any portion of the peo- 
ple — to subject yourselves to a wanton exposure to public 



MARTIN VA^ BUREN. 177 

prejudice, to struggle for an object, which, if attained, was 
of no avail. He thought so, because the retaining of this 
qualification in the present state of public opinion, would 
have a tendency to excite jealousy in the minds of those 
who had no freehold property, and because more mischief 
was to be apprehended from that source than any other. 
It was calculated to excite that prejudice because not re- 
quiring sufficient to effect the object in view, it, in the 
language of Dr. Franklin, ' exhibited liberty in disgrace, 
by bringing it in competition with accident and insignifi- 
cance.' 

"But, said Mr. V. B. we have been referred to the 
opinions of General Hamilton, as expressed in his wri- 
tings in favor of the Constitution of the United States, as 
supporting this amendment. He should not detain the 
committee by adding any thing to what had been said of 
his great worth, and splendid talents. He would omit it, 
because he could not add to the encomiums which had 
been delivered on this floor, on his life and character. 
The tribute to departed worth has been justly paid by the 
honorable gentlemen from Albany and Orange, (Messrs. 
Spencer and Duer.) But there was nothing in the Fed- 
eralist to support the amendment. Without troubling 
the committee by reading the number which had been 
referred to, it would be sufficient for him to say, that it 
could not be supposed, that the distinguished men who 
had done a lasting benefit to their country; and had earn- 
ed for themselves the highest honors, by the work in ques- 
tion, could have urged the propriety, of a property repre- 
sentation, in one branch of the Legislature, in favor of a 
constitution, which contained no such provision. They 
had not done so. 

" We were, said Mr. V. B. next referred by the honora- 
ble mover of the amendment, to the opinion of Mr. Jefler- 
son, as expressed in his Notes on Virginia. In making 
that reference, the honorable gentleman had done himself 
credit; and had rendered but justice to the merits of the 
distinguished individual, whose opinion he had sought to 
enlist on his side. He had truly said, that now, when 
the strong party feeling which attended the public meas- 
ures in which Mr. Jefferson was an actor, had in some 
degree subsided, most men united in the acknowledgment 
of his deserts. That sentiment, however, it appeared, 
was not general, since the gentleman from Columbia, 
(Mr. E. Williams) distinctly avows, the retention of his 
old prejudices. Whilst that gentleman Avas trumpet- 



178 THE LIFE OF 

tongued, in denouncing the impropriety of indulgence, in 
party feelings by others, he had given them the strongest 
reason to believe, that his own were immortal; that they 
had not only survived the 'era of good feeling,' through 
which we had passed, but were likely to continue. But 
that notwithstanding, he still thought of Mr. Jetferson, as 
he always had done, he would condescend to use him for 
the occasion. Sir, said Mr. V. B. it is grating to one's 
feelings, to hear a man, who has done his country the 
greatest service, and who at this moment occupies more 
space in the public mind, than any other private citizen in 
the world, thus spoken of But no more of this. 

"Mr. Jefferson did complain, in 17S1, of the constitu- 
tion of Virginia, because the two branches of their Legis- 
lature were not sufficiently dissimilar, but he did not 
point out the mode in which he thought that object could 
be best effected. 

" In 1783, when, as he had before stated, a convention 
was expected in Virginia, he prepared a form of govern- 
ment to be submitted to the people, in which he provided 
the same (jualification ft)r both branches, and shewed 
clearly, either that his opinion had undergone a change 
on the subject, or that he supposed the object would be 
effected by the diflerence of their term of service, and the 
districts they represented. 

" The next consideration which had been pressed upon 
the committee by the honorable mover of the amend- 
ment, was, the apprehension that the persons employed 
in the manufactories which now were, or which, in the 
progress of time, might be established amongst us, would 
be influenced by their employers. So far as it respected 
the question before the committee, said Mr. V. B. it was 
a sufficient answer to the argument, that if they were so 
influenced, they would be enlisted on the same side, 
which it was the object of the amendment to promote, on 
the side of property. If not — if they were independent of 
the influence of their employers, they would be safe de- 
positories of the right. For no man, surely, would con- 
tend that they should be deprived of the right of votingon 
account of their poverty, except so far as it might be 
supposed to impair their independence, and the conse- 
quent purity of the exercise of that invaluable right. 

" The honorable gentleman from Albany, (Mr. Spen- 
cer) had next directed their attention to the borough elec- 
tions in England, as evidence of the consequences which 
might be expected from the non adoption of his amend- 



MARTIN VAN BUREN. 179 

tnent. Mr. V. B. said he could not, in his view of the 
subject, on the most mature rellection, have selected an 
argument belter calculated to prove the amendment to be 
unwise and improper, than this one, on which the gen- 
tleman mainly relied for its support. What, sir, said he, 
was the cause of the corruptions which confessedly pre- 
vail in that portion of the representation in the parlia- 
ment of Great Britain ? Was it the lowness of the 
qualifications of the electors, in comparison with the resi- 
due of the country ? No. In many of the boroughs a 
freehold fjualification was required ; inmost, that they 
should be burgage holders ; and in all, that they should 
be freemen, paying scot and lot. Comj)are, said Mr. V. 
B. these qualifications with those required in Westmin- 
ster, and it will be found that tlie lowest of the former are 
equal to the latter. It could not be necessary for him to 
say, that if the will of the people prevailed in any elec- 
tion in England — if patriotism and public spirit was sure 
to find its appropriate reward any where in that country, 
it was at the Westminster elections. The qualifications 
of the electors, therefore, was not the cause, except it was 
in some instances where the election was confined to a 
very kw, as for instance, to the Mayor and common 
Council of a borough. But I will tell you, sir, said Mr. 
V. B. what is the cause — it is because the representation 
in question, is a representation of things, and not of men 
— it is because that it is attached to territory, to a village 
or town, without regard to the population ; as by the 
amendment imder consideration, it is attempted here to 
be attached to territory, and to territory only. Suppose, 
for a moment, that the principles on which the report of 
the select committee is based, and which the amendment 
opposes, should be applied to the representation in the 
parliament of Great Britain — (hat instead of her present 
representation, it should be apportioned among all their 
subjects who contribute to the public burthens? Would 
you hear any complaints in that country on the subject of 
their rotten boroughs ? No, sir ; but on the contrary, that 
reform in parliament would be at once obtained, for 
which the friends of reform in that devoted country have 
so long contended, and which they probably never will 
obtain, except, (to use the language of the gentleman from 
Albany) at the point of the bayonet. He could not, there- 
fore, but think that the illustration resorted to, by the 
honorable mover of the amendment, was mosjt unfortu- 



180 THE LIFE OF 

nate to his argument, nor ought he to withhold his thanks 
for the suggestion. 

" There were, continued Mr. V. B. many, very many, 
considerations, besides those he had noticed, which 
could, with propriety and profit, be urged on this occasion, 
to shew the impropriety of the amendment. There were 
several which it was his intention at first to urge. He 
had designed too, to notice some of the remarks which 
fell from the gentleman from Columbia, (Mr. Williams,) 
but as he was not certain that what he should say, would 
produce that state of feeling necessary on so interesting 
a subject, he would omit it. The time which he had al- 
ready occupied — the very flattering attention with which 
the committee had listened to him, an attention demand- 
ing and receiving his utmost gratitude, induced him to 
forbear from trespassing further on their patience. The 
great importance, therefore, of having various interests, 
various talents, and men of various pursuits, in the Sen- 
ate, to secure a due attention to, and a perfect understand- 
ing of, the various concerns to which legislation might 
be applied in this state, the origin of the freehold requisi- 
tion in England and here, together with the reasons why 
that distinction, though proper at the time of the adoption 
of our constitution, had almost entirely ceased to be wise 
or just : and also the causes which must inevitably render 
it in a short time, in our country at least, very unneces- 
sary and ineffectual, together with topics like those, he 
would leave to the very judicious remarks which had al- 
ready been made, and to such as might hereafter be made 
by others. 

"If he could possibly believe, added Mr. V. B. that 
any portion of the calamitous consequences could result 
from the rejection of the amendment, which had been 
so feelingly portrayed by the honorable gentleman from 
Albany, (Mr. Kent,) and for whom he would repeat the 
acknowledgement of his respect and regard, he would 
be the last man in society who would vote for it. But, 
believing, as he conscientiously did, that those fears were 
alto<Tether unfounded ; hoping and expecting that the 
happiest results would follow from the abolition of the 
freehold qualification, and hoping too, that caution and 
circumspection would preside over the settlement of the 
general right of suffrage, which was hereafter to be made, 
and knowing, besides, that this state, in abolishing the 
freehold qualifications, would but be uniting herself in 
the march of principle, which had already prevailed in 



MARTIN Vx\N BUREN. 181 

every state of the Union, except two or tliree, including 
the royal -hnrter of Rhode-Island, he Avould cheerfully 
record his vote as'ainst the amendment."* 



The restriction proposed by Judge Spencer 
was rejected. The qualifications required in the 
report of the committee, besides temporary resi- 
dence, were, as has ah-eady been stated, paying 
taxes, or doing mihtary duty, or working on the 
highways. Mr. Van Buren was in favor of ad- 
ding to the latter alternative, the further restriction 
of being a house-holder. He expressed his fears 
that the extension contemplated by some of the 
amendments proposed, would not be sanctioned 
by the public approbation, and would occasion the 
rejection of the whole by the people. In this con- 
nection, Mr. Van Buren remarked, on another oc- 
sion, " that were the bare, naked question of uni- 
versal suflrage put to the committee" (of the 
whole) " he did not believe there were twenty 
members who would vote for it." He added ; 
" One word on the main question before the com- 
mittee. We had already reached the verge of 
universal suftVage. There was but one step be- 
yond. And are gentlemen prepared to take that 
step ? We were cheapening this invaluable right. 
He was disposed to go as far as any man, in the 
extension of rational liberty ; but he could not con- 
sent to undervalue this precious pi'ivilege so far as 
to confer it, with an indiscriminating hand, upon 



Debates in the New York Convention p. 465. 
1(5 



182 THE LIFE OF 

every one, black or white, who would be kind 
enough to condescend to accept it."* 

At other times, he expressed his fears that some 
of the amendments were intended to go " so far 
as to have all the amendments rejected by the 
people ; that they were hazarding every thing by 
going such lengths, and that the people would ne- 
ver sanction it."t His views, however, are more 
fully and accurately expressed in the following 
remarks, otiered while the report was still under 
consideration. 



" Mr. Van Burcn said, that as the vote he should now 
give on what was called the highway qualitication, Avould 
be different from what it had been on a former occasion, 
he felt it a duty to make a brief explanation of the motives 
which governed him. The qualilications reported by the 
first committee, were of three kinds, viz: the payment of 
a money tax, the performance of military duty, and work- 
ing on the highway. The two former had met with his 
decided approbation ; to the latter he Avished to add the 
additional qualification, that the elector should, if he paid 
no tax, perlbrmed no militia duty, but offered his vote on 
the sole ground that he had labored on the highways, also 
be a hmisc-holder ; and that was the only point in which 
he had dissented, from the report of the committee. To 
effect this object, he supported a motion made by a gen- 
tleman from Dutchess, to strike out the highway qualifi- 
cation, with a view of adding ' hovse-hoklpr.'' That 
motion, after full discussion, had prevailed by a majority 
of twenty. But Avhat was the consequence ? The very 
next day, the same gentlemen who thought the highway 
tax too liberal a qualification, voted that every person of 
twenty-one years of age, having a certain term of resi- 
dence, and excluding actual paupers, should be permitted 



* Debates in New York Convciiiion, p. 2*7. 
+ lb. pp. 275—281. 



MART IN VAN BUREN. 183 

to vote for any officer in tlie government, from the high- 
est to the lowest — far outvieiug, in this particular, the 
other states in the Union, and verging from the extreme 
of restricted, to that of universal sutiVago. The Conven- 
tion, sensible of the very great stride "which had been ta- 
ken by the last vote, the next morning referred the whole 
matter to a select co:nmittee of thirteen, whose report was 
now under consideration. That committee, though com- 
])osed of gentlemen, a large majority of Avhom had voted 
for the proposition for universal sufirage, had now recom- 
mended a middle course, viz. — the payment of a money tax, 
or labor on the highway, excluding militia service, which 
had, however, been very properly reinstated. The ques- 
tion then recurred ; shall an attempt be again made to add 
that of house-holder, to the highway qualiiication, and run 
the hazard of the re-introductioa of the proposition of the 
gentleman from Washington, abandoning all qualifica- 
tions, and throwing open the ballot boxes to every body — 
demolishing at one blow, the distinctive character of an 
elector, the proudest and most invaluable attribute of 
freemen V 

" Mr. Van Burcn said, he had, on the motion of the 
gentleman from Columbia, this day hinted at the numer- 
ous objections which he had to the proposition, which the 
other day passed the Convention, in regard to the right of 
sufl'rage : objections which he intended to make, had the 
committee reported in favor of that vote; and by which, 
Avhen fully urged, he knew that he would beal)le to con- 
vince every member of this committee of the dangerous 
and alarming tendency of that precipitate and unexpected 
prostration of all qualifications. At tliis moment, he 
Avould only say, that among the many evils which would 
How from a AvhoUy unrestricted sufirage, the following 
would be the most injurious, viz : — 

"First. It would give to the city of New York about 
twenty-five thousand votes ; whilst, under the liberal ex- 
tension of the right on the choice of delegates to this Con- 
vention, she had but about thirteen or fourteen thousand. 
That the characterof the in;;reascd number of votes would 
be such as Avould render their elections rather a curse 
than a blessing : which would drive from the polls all so- 
ber minded people ; and such, he was happy to find, was 
the united opinion, or nearly so, of the delegation from 
that city. 

" Secondly. It would not only be injurious to them, but 
that injurv would work an e(jually great one to the Avesl- 



184 THE LIFE OF 

ern and northern parts of the state. It was the present 
consolation of our liardy sons of the v/est, that, for their 
toils and their sufferings in reducing the wilderness to cul- 
tivation, tliey were cheered by the conviction, not only 
that they would be secure in the enjoyment of their dear 
bought improvements, in consequence of their representa- 
tion in the Legislature, but that any increase of that re- 
presention gave them a still greater influence there. That 
as far as it respected this state, their march, and the march 
of empire kept pace. This arose from the circumstance 
of the representation in the state being founded on the 
number of electors ; and because almost every man in a 
new country was an elector, under the existing and con- 
templated qualifications : Avhilst in the old counties, and 
especially in cities, there were great numbers who would 
not be embraced by them. So great was this cifect, that 
the city of New York alone would, under the vote of the 
other day, have become entitled to additional voters, over 
those who voted at the election of delegates, equal, or 
nearly so, to the whole number of votes of Ontario or Ge- 
nesee. The direct conseque:ice of which would be, that 
the additional representation of fourteen members, which 
are next year to be distributed among the counties, Avould, 
instead of going principally to the west, be surrendered to 
the worst population of the old counties and cities. 

" And thirdly. The door would have been entirely clo- 
sed against retreat, Avhatever might be our after convic- 
tion, founded on experience, as to the evil tendency of 
this extended suffrage. 

" The just equilibrium between the rights of those who 
have, and those who have no interest in the government, 
could, when once thus surrendered, never be regained, ex- 
cept by the sword. But, according to the present report, 
if experience should point out dangers, from the very ex- 
tensive qualifications we were about to establish, the Le- 
gislature might relieve against the evil, by curtailing the 
objects of taxation. By the establishment of turnpikes, 
the making of canals, and the general improvements of 
the country, the highway tax would naturally be lessened, 
and might, if the Legislature thought proper, be hereafter 
confined to property, instead of imposing it, as they now 
do, on adult male citizens. For one hundred years at least, 
this would afford a sufficient protection against the evils 
which were apprehended. He would, therefore, notwith- 
standing his desire to have the qualification oi hmisc-hohh 
er added to the electors of the third description remain 



MARTl.M VAN BUREX. 185 

unchanged, accept the roport of the coijimiltee as it was, 
with the addition of the military qualilication, which he 
thought ougiit to be adopted, i'oc the sake of principle, if 
for no other reason. 

" He tlioughl the committee, constituted as they were, 
had done theniseh^es great credit by their concessions to 
the opinion of those from whom they differed, and he, for 
one, returned them his sincere thanks. Under all circum- 
stances, he would he well satisfied with the right of suf- 
frage, as it will now be established, and would give it his 
zealous supnort, as well in his capacity of delegate, as that 
of citizen.' * 



The provision was finally adopted as originally 
reported by the committee, on this point. Mr. 
Van Buren concurred in this course which extend- 
ed the privilege to all who paid any tax, or did 
military duty, or worked on the highways ; though 
as we have seen, he would have preferred an ad- 
dition to the last qualification, requiring the can- 
didate in case he possessed neither of the other qual- 
ifications, to be a house-holder. He expressed his 
strong wish to conform to what he believed to be 
the opinion of the people, and his chief fears seem 
to have been that the great departure from the 
former freehold qualification, would hazard the 
adoption of the whole amendment. 

His own sentiments, together with that of the 
people at large, how^evcr, appear to have under- 
gone some modification at a subsequent period, as 
will be seen by the following extracts from a let- 
ler, written by him, in reply to certain ([uestions 



* Debates in New York Convention, p. 3GG. 
16* 



186 THE LIFE OF 

proposed by a committee of mechanics in Rhode 
Island. 



" By the first constitution of New York, the posses- 
sion of a freehold estate of the value of two hundred and 
fifty dollars over and above all debts charged thereon, 
was necessary to entitle a person to vote for Governor, 
Lieutenant Governor, and Senators. Members of As- 
sembly were chosen by persons paying taxes and posses- 
sing freeholds of the clear value of fifty dollars, or rent- 
ing tenements of the value of five dollars. 

•'The obvious injustice, and ascertained inutility of 
this regulation, together with other causes, led, in 1821, 
to the call of a convention for the revision of our state 
constitution. Of that convention I had the honor to be a 
member; and in the discharge of the duties imposed upon 
me by that situation, I labored, and in conjunction with 
a majority of the convention, labored successfully, to 
abolish the freehold qualification. The principle which 
I then advocated, and which was established by the 
amended constitution, extended the right of voting for all 
elective officers of the State Government to every citizen 
who should contribute to the support of government, ei- 
ther by the payment of taxes in money, or by labor on the 
highways, or by service, according to law, in the militia. 
The results of experience and the progress of liberal 
opinions, soon led to a further extension ; and by an 
amendment to the constitution finally adopted in 1826, 
the right of suffrage Avas given to every male citizen of 
full age, who shall have been an inhabitant of the State 
for one year, and of the county for six months preceding 
the election. This provision, however, does not extend 
to persons of color, who, hy the constitution of 1821, are 
not allowed to vote, unless they have been, for three years, 
citizens of the state, and for one year before the election, 
seized and possessed of a freehold of the clear value of 
two hundred and fifty dollars, and have been rated and 
paid a tax thereon. 

'•The government of New York has, for several years, 
been administered under the liberal system established by 
the new constitution, and the still more liberal amend- 
ment of 1826, in a manner which appears to have been 
satisfactory to the people. It is possible that there may 
be some who regret the extension of the right of suffrage, 
and who would be gratified by the revival of the old 



MARTIN VAN BUREN. 187 

qualifications ; but I do not believe that such a feeling is 
entertained by any considerable portion of our citizens. 
I am v^ery sure that any attempt to restrict the exercise of 
the right, and more especially to restore the freehold 
qualification, would be put down by an overwhelming 
majority. 

By the old constitution of New York, no dis- 
tinction was made with regard to color in the 
qualifications of electors. In the Convention of 
Amendments, a proposition to restrict the right of 
voting to lohitc citizens, was rejected by a vote of 
sixty-three io fifty -nine. A long and eloquent de- 
bate preceded this rejection : Mr. Van Buren did 
not participate in the debate, but voted with the 
majority- At a subsequent period in the business 
of the Convention, when the qualifications of elec- 
tors were fixed, the blacks were excluded from 
the right of voting, unless possessed of a freehold 
estate, of the value of two hundred and fifty dol- 
lars, and were exempted from taxation to a cor- 
responding extent. This provision, which contin- 
ues to be a part of the constitution of New York, 
received his assent in the followmg remarks. 

" Mr. Van Buren said he had voted against a total and 
unqualified exclusion, for he would not draw a revenue 
from them, and yet deny to them the right of suffrage. — 
But this proviso met his approbation. They were ex- 
empted from taxation until they had qualified themselves 
to vote. The right was not denied, to exclude any por- 
tion of the community who Avill not exercise the right of 
suffrage in its purity. This held out inducements to in- 
dustry, and would receive his support."* 



* Debates in New York Convention, p. oTO. 



188 THE LIFE OF 

The state of New York exhibits a fair example 
of the effects of the utmost latitude of suffrage. 
With the largest city in the Union ; with a ve- 
ry extensive territory ; with an increasing tide 
of foreign immigrants ; with a strong infusion of 
party excitements, she has adopted a rule of qual- 
ification for the elective franchise, which rejects 
no man who has resided one year in her territory, 
and six months in any of her counties. 

Her distinguished prosperity ; the nobleness of 
her public works and institutions ; the excellence 
of her laws and of her judicial tribunals ; the pre- 
vailing morality and good order of her citizens ; 
the security afforded by her laws to all the rights of 
the citizen, and her great political influence in the 
Union, conspire to demonstrate the utter fallacy 
of those fears which are entertained by many, of 
the evils of Universal .suffrage, and form an unan- 
swerable refutation of all arguments for restricting 
the political rights, or infringing the political equal- 
ity of the people. Give man the privileges and 
rights which belong to the species, and he will 
prove himself worthy of them. He will rise to 
the dignity he may be left to sustain ; he will find 
scope and exercise for those qualities of the head 
and heart which belong, alike, to all humanity. 
Degrade and oppress him, and he becomes a de- 
mon and a brute. 

Another matter of great importance, and which 
occupied a large portion of the attention of the 
Convention and called fbrtli some of the ablest 
speeches in that body, was the mode of electing 



MARTIN VAN BUREN. 189 

justices of tlie peace. The importance of this of- 
fice was strongly stated by Mr. Van Buren, on 
one occasion, in the following words. He said 
** the amount of business before the justices of the 
peace, in this state, is five times as great as all the 
business before the other courts. On tliis point, it 
appeared to him, there was no room for diversity 
of opinion : the truth of this statement could be as- 
certained by a reference to their proceedings. 
They were equally important as it respected crim- 
inal justice." 

The committee on the appointing power had re- 
ported in favor of the election of justices of the 
peace, in every town, by the people. Mr. Van Bu- 
ren strenuously opposed this proposition, both in 
the select committee of which he was chairman, 
and in the Convention. His objection was, that 
magistrates, thus elected, would be too much 
under the influence of local, party feelings. He 
proposed that the board of supervisors, in each 
county, should nominate a suitable, number of jus- 
tices of the peace, and also, the respective courts 
of common pleas ; and that from these two hsts 
of nominations, the Governor should make the ap- 
pointment. As the views of Mr. Van Buren on 
this subject have been somewhat misrepi'esented, 
and as the matter, itself, is one of great importance 
in every state, the following explanations of his 
opinions are subjoined. 

Mr. Van Buren said ; — 

" It was not to he disguised, that that part of the report 
before the committee, relating to the appointment of jus- 



190 THE LIFE OF 

tices of the Peace, was by far the most important feafure 
in the report — if that was settled, the remaining part ot it 
would begot along with very easily. Some had thought 
these magistrates ought to be elected ; but he had at all 
times been opposed to their election ; and if he did not 
deceive himself, the force of remarks of gentlemen in fa- 
vor of their election, had excited doubts in the mind of 
every man, as to the propriety of such a measure. He 
concurred in the opinion which had been expressed as to 
the impropriety of electing the higher officers of state, be- 
cause their duties were important ; and it was to be feared 
that it Avould have a tendency to render their judgment 
subservient to their desire for a continuance in office. 
This was the principal argument which had been used. 
If there were other reasons he did not know what they 
were. 

" The amount of business before the Justices of the 
Peace in this state, was five times as great, as all the 
business before the other courts — on this point, it appeared 
to him there was no room for a diversity of opinion — the 
truth of this statement could be ascertained by a reference 
to their proceedings. They Avere equally important as it 
respected criminal justice. 

"As to the probable effect upon their independence, 
there is no room for a comparison. The Judges of the 
Supreme Court are elected for a longtemi of time ; should 
the people become dissatisfied, even whole counties, these 
officers might not feel the eflccts of their displeasure till 
after a long time had elapsed ; but apply this to Justices 
of the Peace, Avho administer justice in the immediate 
presence of their constituents, and arc exposed to the daily 
scrutiny of those upon Avhora they are dependent; who 
are cognizant o( all they do ; and have the power of pas- 
sing judgment on them. If they are not satisfied with 
them, tliey must forfeit their offices. 

" What could the single arm of a chief magistrate of 
the state do towards suppressing a rebellion? It must be 
effected through the interposition of this inferior magis- 
tracy. He was willing to go as far as many man, in en- 
deavoring to curtail dangerous patronage in distinct bodies 
of men; but he would not go so far as to cut every cord 
that binds together the people and the government."* 



* Debates in the New York Convention, p. 321. 



MARTIN VAN BUREN. 191 

On another occasion he pursued the same sub- 
ject in the following remarks. 



"Mr. Van Buren said he would briefly reply to some of 
the obser\'ations which had fallen from the honorable gen- 
tleman from Columbia, (Judge Van Ness,) and would 
also add a few words in answer to the suggestion of his 
venerable friend from Q,ueens, (Mr. King.) 

"The honorable gentleman from Columbia had exam- 
ined and discussed the matter with a degree of zeal and 
ability proportionate to the very deep interest he naturally 
took in it: in one respect, he said, he fully accorded with 
him — that in the formation of a constitution of govern- 
ment, they ought to divest themselves of the influence of 
party. All agree in deprecating party spirit, and many 
have admonished us, that we cannot be too scrupulously 
cautious on this subject: he was well satisfied, that, if we 
all practised upon onr own precepts — if we did, in fact, 
smother all feelings of party, it could not be possible that 
we should have so much ditficulty in providing for the ap- 
pointment of justices of the peace. 

"He could not suppress his apprehension that the imme- 
diate effect on the political interests of the state, of Avhich 
his amendment was supposed susceptible, had called forth 
much of the opposition it had to contend Avith. He did 
not pretend to be more exempt from the influence of party 
feelings than others; but he would not fail on all occa- 
sions, to act openly and above board, and assign the true 
motives of his vote and conduct. 

"The gentleman from Columbia had said, that as yet, 
we had done nothing for the people — that we had not 
given them any greater shave of influence in the selection 
of their local officers, than they had before enjoyed. That 
gentleman's solicitude for the privileges of the people is 
commendable : but, said Mr. V. B. is the assertion true, 
sir ? If it was, it v.'ould be a matter worthy of serious 
consideration. But, he continued, it is not correct. Iq 
the first place, they had given to the people, the right of 
choosing more than eight thousand militia oflicers : Was 
this nothing? But we were told that the public care 
nothing about this right ! In this respect, too, the gentler- 
man was greatly in error. There was no subject on 
which men felt a more lively interest. Let a militia offi- 
cer be improparly superseded or supplanted, and they 



192 THE LIFE OF 

would fiad ihat it was a matter of no small interest or 
concern with the people. What has induced our respec- 
tive chief magistrates to travel out of the ordinary course, 
and indulge in the granting of brevet commissions, if there 
was no solicitude in regard to military appointments? 
There was, he said, great anxiety on this subject. 

"There are, said Mr. Van Buren, about 6600 civil officers 
in this state. Of this number, by the report of the select 
committee it was proposed to leave three thousand six 
hundred, for which, in consequence of their liability to 
frequent changes, no constitutional provision was made 
by the committee, to be appointed in such a manner as the 
legislature shall designate. Was this nothing ? If the 
people desire to have these officers elected, they will send 
to the legislature, such men as will obey their wishes iu 
this respect ; if they are not made elective, it will be be- 
cause the people do not wish it; and they can, in this 
way, bring home to themselves the choice of these three 
thousand six hundred officers. 

"With respect to the residue of the number, it was pro- 
posed to leave it with the supervisors of the counties, to 
nominate as many candidates for each toAvn as there Avere 
magistrates to be appointed in them respectively : And 
that the judges of the courts of common pleas should in 
like manner nominate for each tOAvn ; if they agreed, the 
officers on whom they so agreed, should be thus appoint- 
ed, and so far only as they disagreed, the lists should be 
sent to the Governor; from these lists ii should be left to 
the executive to select. The lists presented by the super- 
visors, would very generally be in accordance with the 
sentiments of the people, and it must be supposed that 
they would consult their wishes and views on the sub- 
ject. And is this, asked Mr. Van Buren, giving chaif to 
the people ? 

"We have, sir, continued he, challenged gentlemen to 
show, why it would not be as fit, and proper to elect the 
higher judicial officers, as magistrates for the town? ; no 
answer had been given to this enquiry, because none could 
be given. It must be perfectly obvious, that every con- 
sideration that would be urged in favor of electing jus- 
tices of the peace, would apply in favor of having the 
judges of the higher tribunals also elective ; and that even 
fewer objections exist to having those courts selected in 
this way ; this had not been mentioned as a threat, that a 
jiroposition of that nature would be made ; but as an argu- 
ment to siunv the impropriety of having any judicial offi^- 



MARTIN VAN BUREN, 193 

cers elected, in order to test the sincerity of some gentle- 
men's solicitude for the people. In this we are consistent 
tliroughout: the inconsistency was on the part of those 
who were for having the higher judicial officers appointed, 
and the justices of the peace elected. 

"We do not, sir, said Mr. V. B. deny the competency of 
the peo])le to make a proper choice ; this argument has 
been unfairly and untruly stated. Those who oppose the 
election of justices, do not do so because they have any 
distrust of the people. The objection to having them 
elected, did not flow from that consideration ; but was 
with respect to the officer elected. It was because the 
magistrate would of necessity be acquainted with all, who 
opposed and who supported him. This would more or 
less bias his mind in favor of those, to whom he owed his 
election. It would be giving the rich and powerful a 
great advantage over the poor; and even, if it did not, it 
would excite jealousy and suspicion of unfairness on his 
part ; which in its operation, would be nearly as prejudi- 
cial to the public peace, as if real injustice was done. 
These were the reasons, which had led him, and others, 
to doubt the propriety of having magistrates elected. 
The gentleman from Columbia, however, has told us, that 
there can be no danger from a want of independence, or 
from the partiality of magistrates — he says their conduct 
will be watched, and they will not dare to act improperly. 
Watched by whom ? By those whom they intend to fa- 
vor, and who will be able, and willing to screen them 
from harm, and support them against the efforts of injured 
and oppressed poverty, to procure redress I ! But the de- 
fendant may call a jury if he has not confidence in the 
justice : a mighty boon, truly! Am I to tell the gentle- 
man from Columbia, how little advantage a jury is to a 
party, if the court is against them ? How, sir, is he to 
get his facts, on which he relies before the jury? Is not 
the court the crucible through which they have to pass, 
before they get there? And does not daily experience 
prove, that in civil causes, the court can in almost every 
case, regulate the verdict of the jury, by the exclusive pow- 
er they possess, to decide all questions of law? Again, 
we are told that where injustice is done by the magis- 
trate, the party injured, may obtain redress by means of a 
certiorari ! This was a reason, he said, he had hardly 
expected to have heard from that quarter : the gentleman 
from Columbia, well knew, that the remedv bv certiorari, 
17 



104 THE LIFE OF 

would not reach one in twenty cases where injustice had 
been sufl'ered. 

"It is, said Mr. V. B. very desirable to restore peace and 
quiet to the community: he was willing to do all in his 
power to promote so worthy an object. But how was 
this to be done ? Will the election of justices by the 
people, have a greater tendency to remove strife, than the 
project to have them selected in the manner proposed by 
the amendment he had submitted ? He thought not. 

''The gentleman fi-om Columbia, says, this nomination 
by the supervisors would create violence and strife in their 
elections, when it is known that they were to present the 
candidates to be appointed. But if the election of those, 
Avho are merely to nominate, Avill create this violence and 
strife, he could not perceive why there should be less diffi- 
culty, when the officers themselves, were to be directly 
elected by the people. That they are important offices, 
the gentleman has himself told us ; and he has also told 
us that their election will call to the polls, all the farmers, 
and men who have an interest in the due administration of 
justice : and yet he Avculd have us believe, that the elec- 
tion of magistrates will produce no strife or angry con- 
tests : This, said Mr. V. B. I cannot comprehend I It 
was generally supposed that the degree of warmth and 
strife at elections, was in proportion to the interest felt by 
the electors in the result. 

"He would add one word in reply to the remarks of the 
honorable gentleman from Q,ueens. He Avould have the 
people select the candidates by ballot, and that the names 
of those having the highest number of votes, as also of 
those who had the next highest, should be presented to 
the courts of common pleas, who should be authorised to 
appoint the requisite number from among the names thus 
presented. The consequence of this Avould be, that in 
every town, there would be two setsof nominations of dif- 
ferent politics, and it would create a strong temptation for 
the judges to decide purely on party grounds; and so far, 
therefore, from this being the means of allaying strife, it 
would greatly increase it. But if the selection should be 
made by the supervisors and the judges of the courts of 
common pleas, it was morally certain. lliatin a vast ma- 
jority of cases, the same persons would be recommended 
by both, because ihey would be of the same politics. We 
may, said Mr. V. B., speak of the practical operation of this 
measure, founded on what we all know will happen from 
the pariiality and attachment, which men of the same 



MARTIN VAN BUREN. 195 

poliiicalsenliments have for each other, without incurring' 
the censure of being influenced by party motives in bring- 
ing forward this proposition. It would operate sometimes 
in favor of one party, and sometimes of another ; the great 
object was to direct these party attachments to the selec- 
tion of good men, and to secure the independence of the 
magistrates — tliat the laws may be administered without 
partiality, or suspicion of partiality. Where the siipervi- 
sors and judges were of the same politics, they would be 
cautious to recommend none but men of fair characters, 
and such as were competent; and where they differed, 
the Governor would select ; and in making this selection 
he would consider himself bound, on all occasions, to take 
those who were of the same politics v/ith himself; he 
would most likely be disposed to deal liberally with his 
opponents. 

"The gentleman from Q,aeens, says Ave must cut asun- 
der all connexion between the executive and the local au- 
thorities, lam, sir, said Mr. V. B., in the habit of receiv- 
ing his opinions with great respect and deference, but on 
the present occasion he was constrained to differ with 
him. Why, he asked, should this be done 1 Is it for the 
purpose of keeping out of his hands a patronage which 
would add too much to his power 7 It was not for the ben- 
efit of ihe chief magistrate that he would confer on him 
this qualified power in the appointment of magistrates, but 
for the advancement of the public good. Past experience 
iiad proved, that power of this kind added nothing to the 
stability of the executive ; it gave him no strength, but, 
on the contrary, was calculated to weaken him. We 
have seen several examples in this state, where the posses- 
sion of the power of appointment has destroyed its pos- 
sessors. It was the case in 1807, 1811, 1813, and again 
upon a very recent occasion. If these officers could be 
elected by the people, consistently with their necessary in- 
dependence, and the due administration of justice, he 
would, without hesitation, vote for it ; but he felt a strong 
conviction that it was wrong in principle to elect judicial 
oiRcers, and he was very confident its practical operation 
would be unfav'orable to the public interest. 

"Such being his sincere opinion, he could not unite witli 
his honorable friend from (iueens, to separate the execu- 
tive entirelv from the magistracy of the state, for the sole 
purpose of destroviiig patronage and avoiding political in- 
tluenre. Tliat power would be put in the hands of the ex- 
ecutive, not for himself, but to secure to the mnjorifv of 



196 THE LIFE OF 

ihe people that CDUtrol and intluence in every section of 
the state to which tlicy are justly entitled. The execu- 
tive is but their agent to carry their wishes into effect, and 
this he does upon great responsibility. That supremacy 
of tlie majority Avhich it is proposed to surrender, is of vi- 
tal importance to them. It is the just reward of their for- 
titude, their patriotism and fidelity, in war, and in peace. 
It has been hardly earned and fairly won, and they ought 
to enjoy it. My feelings, sir, do not lead me to such a 
course. My constituents have not authorised me to make 
such a surrender, and I have no idea of usurping it. 

"Look at the General Government : All its oificers are 
appointed by the general appointing power; no incon- 
venience has grown out of this practice there — and we 
have not heard that any one wished to have any change 
in this part of the constitution of the United States. The 
United States' officers, might be well chosen in the differ- 
ent states ; still it never has been supposed proper to do 
so, for the sole purpose of stripping the executive of pow- 
er and influence. 

"Ee Avas, he said, not only satisfied that it Avas proper 
that there should be this connexion betAveen the executive 
and these local officers, but that the due administration of 
justice, and the preservation of the public peace, required 
it. He is charged Avith the execution of the laAvs; he 
must execute them through the agency of magistrates: 
and would not, he asked, this connexion promote this ob- 
ject ? He Avould call the attention of gentlemen to the 
state of things Avhich existed during the late war ; he 
would not do so for the purpose of reviving any improper 
feelings ; but to illustrate and enforce the propriety of the 
sentiments he had advanced. It Avould be recollected by 
all, Avhat diflficulties and embarrassments had been oc- 
casioned by this Avant of connexion belAveen the execu- 
tive and the magistracy of the state. The council of ap- 
pointment Avere at that time of different politics AA'ith the 
executive, and all the officers of their appointment Avere 
opposed to the AA-ar and its prosecution. The prejudice 
Avhich those collisions produced to the public service, and 
the unceasing and unavailing complaints of the execu- 
tive, of a Avaiit of co-operation of the public officers, surely 
cannot so soon be forgotten. 

"I am, therefore, said Mr. V. B., inasmuch as this p Aver 
must be vested someAvherc, for giving the control to the 
majority of the state. If, in consequence of the avoAval of 
this sentiment, I subject myself to the charge of intolev 



MARTIN VAN BURE.\. 197 

aiice, I submit to it. My conscience acquits nie ot" any 
such motives. I feel that I may with safety appeal to my 
political course for an ample refutation of such imputa- 
tions ; and I cannot but think that the number of my polit- 
cal adv^ersaries, who would be constrained to exonerate 
me, would not be inconsiderable. But, sir, these are mat- 
ters with which the committee have no concern ; they 
will be no lon.^er troubled with them — the question must 
be tested by other considerations."* 

Mr. Van Buren's amendment was finally re- 
jected by a majority of two votes ; and, by the 
provision finally adopted, the appointment was 
vested solely in the board of supervisors and the 
courts of common pleas ; which proposition, as it 
approached very nearly to his own, received his 
assent. 

To present a complete view of the services of 
Mr. Van Biiren in the Convention, would make it 
necessary to transcribe portions of almost every 
page of its reports. On questions relating to the 
right of franchise, the distribution of the appointing 
power, the executive veto, and similar cardinal 
points, involving important general principles and 
reaching to the fundamental rights of the people, 
full extracts have been presented. The views of 
Mr. Van Buren, on these important and general 
topics, it has seemed necessary and proper fully to 
represent. With respect to minor points, refer- 
ring not to principles but practice, reference must 
be made to the volume itself. 



* Debates in the New York Convention, p. 339. 

17* 



198 THE LIFE OF 

It will have been seen by the extracts containeil 
in this volume, that Mr. Van Buren's leading sub- 
ject of consideration was the proper distribution of 
the appointing power ; that he was in favor of a 
Governor for two years, with a veto upon all laws 
so far as to make their re-enactment by two-thirds 
of both houses necessary to their passage against 
his consent ; that he was opposed to a bill of rights, 
as implying some higher authority than the peo- 
ple ; that he was strenuously opposed to a free- 
hold qualification for electors, and in favor of ex- 
tending the right of suflrage to the utmost limit 
which the people seemed ready to approve ; that 
he approved of excluding the blacks from voting 
without a free-hold interest of two hundred and fif- 
ty dollars, to which extent they were also to be 
free from taxation ; that, while he avowed the 
principle that the dominant party should always 
possess and exercise the official patronage, yet he 
maintained, due regard in its distribution should 
constantly be had for the rights of the minority ; 
and that he was in favor of placing in the hands of 
the people, the direct exercise of every right which 
would not lead to the corruption of public officers. 
On all occasions, he avowed the great principle, 
which has ever guided his public conduct, of ex- 
pressing so far as possible, the opinion of the peo- 
ple : to the people, he always referred as the just 
arbiters of all political measures and the only 
source of legitimate authority, and in the intelli- 
gence, capacity, and honesty of the people, he al- 
ways exhibited the utmost confidence. 



MARTI\ VAN BUREN. 199 

The approbation with wliich his course in the 
convention, was received hy th(3 people of the 
state, affords another proof of his intuitive sense of 
popular feehngs and popular rights, and of that in- 
nate sympathy between his own feelings and the 
common feelings of his fellow men, which consti- 
tutes the secret of his success in political life, and 
of the aliection and confidence reposed in him. 

It has been charged upon Mr. Van Buren that 
he is the blind tool of party ; that he appears to be 
supported by popular opinion, because, by a com- 
bination of secret manoeuvres, he contrives to 
mould and create that opinion ; that intrigue and 
management are the only guides of his political 
course, and that his success is the result of the ar- 
tifices of a well-drilled corps of subalterns who are 
bound to his interests, by selfish motives, and gui- 
ded rather by motives of personal aggrandizement 
than by a consideration of the public weal. 

This charge lias originated with men who have 
no capacity, in their own natures, to appreciate the 
true secret of his success ; men who have no spon- 
taneous sympathy with the mass of their fellow- 
men, but contemplate them, wholly, from a wrong 
position ; wiio regard the mass of mankind as cor- 
rupt and ignorant, and fit subjects of government 
instead of legitimate sovereigns. With these mis- 
taken views, no congeniality exists between their 
own feelings and the feelings of humanity at large. 
These politicians never meet popular expectation, 
and consequently never succeed, except by acci- 
dent, or hypocrisy, or the temporary misleading of 



200 THE LIFE OF 

popular judgment. Unable to appreciate the bond 
of sympathy which unites the true democrat to 
every member of the democratic family ; unwil- 
Img to be content, like him, to gather public senti- 
ment and make it their supreme rule of action, re- 
gardless of personal preferences or private aggran- 
dizement; they are engaged in a perpetual struggle 
against the strong sense of the great mass of their 
fellow-men, a struggle "vvhich, notwithstanding all 
their artifice, finally prostrates all their schemes of 
ambition. It is natural for them to ascribe the su- 
perior success of the truly great man, to superior 
adroitness in the same contemptible and imnatural 
warfare in which they have sought success them- 
selves. Conscious of their own secret motives to 
obtain influence, and not apprehending that integ- 
rity and penetration iii the people which leads to 
their own defeat, while it discriminates and adopts 
the honest patriotism of others, — they constantly 
mistake the true causes of political success, and 
amid mortification and failure, come to regard all 
public men as dishonest and all political life as a scene 
of intrigue and corruption. The observance of 
two plain rules w^ould be of great service to these 
men ; first, to be honest and patriotic themselves, 
and, second, to rely on the honesty, capacity and 
patriotism of the people. 

The whole public course of Mr. Van Buren is a 
refutation of the imputations which are cast upon 
him from this quarter. He has never been seen 
to sacrifice his views of the public weal to schemes 
of self-aggrandizement, or to the violent dictates of 



MARTIN VAN BUREN. 201 

party spirit. An eminent illustration of the truth 
ol' this assertion may be selected from his course 
in the convention to amend the constitution. 

The justices of the supreme court of the state of 
New York, by the former constitution, were made 
members of the Council of revision ; a provision 
which connected them, closely, with party politics. 
During the period which preceded the amend- 
ments of the constitution, the bench of the supreme 
court was filled with men who had, all their lives 
been active partizans and who mingled their party 
principles and prejudices with the discharge of 
their duties as members of the Council of revision 
and even as public administrators of justice. They 
had opposed, thwarted, and reviled the measures 
of the democracy, with unceasing violence ; and 
notwithstanding the high respect wliich their tal- 
ents and learning, in many instances, commanded, 
they had incurred, by their partizan activity, the 
strongest antipathy of the friends of popular rights. 

It was the natural consequence of their perse- 
verance in such high-handed measures, that the 
tenure of their offices should be hazarded, when it 
came into the hands of an assembly so strongly de- 
mocratic as the Convention to amend the consti- 
tution. The wrongs, which the leading republi- 
cans in the Convention had suffered, at the hands 
of the supreme court, were fresh in their memo- 
ries ; the evils which had flown from the party vi- 
olence of the court, were notorious, and it is not 
surprising that an effort was made to introduce 
su.rh nt)flification of tiie constitution, as should 



202 THE LIFE OF 

remove from power, the obnoxious individuals 
who had thus perverted the liigh duties of their 
official station. It is easy, however, for the calm 
observer to see that a measure having reference 
to the mere removal of obnoxious public officers, 
hardly came within the legitimate action of a Con- 
vention, assembled to amend the great charter of 
a people's rights, and furnish a permanent rule of 
government for a great state. 

On this ground, Mr. Van Buren, rising above 
temporary and personal considerations, and laying 
aside the influence of party feelings and the recol- 
lection of private injuries and persecution, — oppos- 
ed a re-organization of the judicial department, the 
only effect of which, would have been, the dis- 
placement of the judges then in office. In his 
views of duty on this occasion, he differed from his 
personal friends, and from the most distinguished 
members of that great party-of which he was the 
acknowledged leader. His course, however, was 
so evidently the result of principle, and so obvious- 
ly free from personal considerations and self- 
ish motives, that he lost no share of the respect 
and confidence of his old and valued friends, who, 
at this painful juncture, lost the benefit of his sup- 
port. The following extracts from his speech on 
this occasion, will explain the disinterested motives 
by which he was governed, and will show the in- 
justice of laying to his charge an adherence to par- 
tv, to the sacrifice of principle. 



MARTIN VAN BUREN. 203 

" Mr. Van Buien said, the true raid only question pre- 
sented by the amendiuent oflered by the president, was, 
whether this committee were prepared to insert an article 
in the constitution, for the sole purpose of vacating the 
offices of the present chancellor and judges of the supreme 
court, to separate them from the other otiicers in the slate, 
and to apply to them a rule, which liad not as yet been ap- 
plied in a single instance. Gentlemen might attempt to 
disguise the matter as they Avould ; it was in vain to hope 
that it could be understood by the people in any other 
light. A moment's consideration must satisfy gentlemen, 
that such was the case. If the Convention had changed 
the organization of the courts, there would be a propriety 
in providing for the reappointment of the judges — but this 
they had not done. The court of chancery was placed by 
the amendment on precisely the same footing as it now 
stood in the constitution. How, then, could it be gravely 
contended, that its introduction into the amendment was 
for any other purpose than to get rid of the incumbent ? 
The only alteration made in the supreme court, (if that 
could be called one,) was the authority given to the Le- 
gislature to reduce the number of judges. This, he said, 
was a power they now possessed, by withholding salaries 
from all above the number they desired. But assuming 
that it Avas in fact an alteration, can the gentlemen from 
Delaware and Saratoga, Hatter themselves with the hope, 
that this trifling alteration can possibly, Aviih an intelligent 
public, exempt the amendment they support from the im- 
putation of being a mere personal measure, having, and 
being intended to have, a personal bearing, and no other ? 
But to put this matter at rest, let the gentlemen give to 
their proposition the shape of their argument. If, say 
they, the Legislature should alter the number, then a re- 
appointment will be proper ; and to meet such a case, 
they submit a proposition which requires a re-appoint- 
ment at all e cents. Let them say, in their amendment, 
that ifs. change of the number of the judges is ultimately 
effected, //(en the offices of the present incumbents shall 
be vacated. Then, and then only, will they be entitled to 
the benefit of their argument. That, however, he knew 
would not answer their views. But why reason upon this 
subject ? The gentlemen have, as in the select commit- 
tee, throAvn off all disguise, and say these offices ought to 
be vacated ; and it is their desire that the constitution 
should be made to bend to that purpose. Mr. Van Buren 
said he had stated thai the amendment went to apply thi^ 



204 THE LIFE OF 

rule of vacating commissions, exclusively to our Jiighest 
judicial offices. This, he said was strictly true with re- 
gard to the attorney-general, secretary of state, surveyor- 
general, and comptroller. Their offices had not heen va- 
cated. The only provision which had been made was to 
provide for appointments in case of vacancies. T he same 
might be said of the canal commissioners, and of every 
otlier office in the state. * * * 

" The matter therefore being clear, that the only effect 
of the amendment would be to turn out of office the pres- 
ent incumbents, he submitted to the convention whether 
it would be either just or wise to do so. He submitted 
it, he said, particularly to that portion of the convention, 
who v/ould be held responsible for its doings, and who 
would in a political point of view, be the chief sufferers 
by a failure of the ratification of their proceedings by the 
people. He warned them to reflect seriously on this most 
interesting matter. He directed their attention to the 
never ending feuds and bitter controversies which would 
inevitably grow out of a loss of the amendments ado])ted 
by the convention. He knew well, he said, how apt, 
men placed in their situation, heated by discussions, and 
sometimes pressed by indiscreet friends, were to suffer 
their feelings to be excited, and to lead them into measures 
Avhich their sober judgments would condemn. It Avas 
their duty to rise superior to all such feelings. He asked 
them to reflect for a moment, and then answer him, 
whether, wlien they left home, they had ever heard the 
least intimation from their constituents, that instead of 
amending the constitution upon general principles, they 
were to descend to pulling down obnoxious officers 
through the medium of the convention : and he asked 
them whether they were not sensible of the great danger 
of surprising the public at this advanced stage of the ses- 
sion, when the greatest uneasiness already prevailed, by 
a measure so unexpected. There was, he said, no neces- 
sity for, or propriety in, this measure. They had already 
thrown wide open the doors of approach to unworthy in- 
cumbents. They had altered the impeaching power; 
from two thirds to a bare majority. Tiiey liad provided 
also that the Chancellor and Judges should be removable 
by the vote of two thirds of one branch, and a bare ma- 
jority of the other. The judicial officer who could not 
be reached in either of those ways, ought not to be touch- 
ed. There were therefore no public reasons for the 
measure, and if not, then why are we to adopt it ? Cer- 



MARTIN VAN BUREN. 205 

talnly not from personal feelings. If personal feelings 
could or ought to influence us, against the individual who 
would probably be most atiected by the adoption of this 
amendment, Mr. Van Buren supposed that he above all 
others, would be excused for indulging ihem. He could 
with truth say, that he had through his whole life heen 
assailed from that quarter, with hostility, political, profes- 
sional, and personal — hostility which had been the most 
keen, active and unyielding. But, sir, said he, am I on 
that account, to avail myself of my situation as a repre- 
sentative of the people, sent here to make a constitution 
for them and their posterity, and to indulge my individu- 
al resentments in the prostration of my private and polit- 
ical adversary. He hoped it was unnecessary for him to 
say, that he should forever despise himself if he could be 
capable of such conduct. He also hoped that that senti- 
ment was not confined to himself alone, and that tiie con- 
vention would not ruin its character and credit, by pro- 
ceeding to such extremities."* 



A similar magnanimity of spirit has controlled 
the whole public life of Mr. Van Bin-en,of which 
a memorable example occurred at a later period, 
in reference to Mr. Clay's nomination as secretary 
of state. It has never been reciprocated, howev- 
er, by his political opponents. 



* Debates in the New York Convention, p. 535. 



18 



CHAPTER XI. 



Mr. Van Buren's course in the Senate of the United 
States. His views on the subject of Imprisonment 
for Debt. 

It will be our duty, now, to accompany Mr. 
Van Buren to a more disnified and broader thea- 
tre of action. On the third day of December 
1821, he took his seat as Senator of the United 
States, having been appointed by the Legislature 
of New York, the February preceding. He was, 
at that time just entering upon the thirty-ninth 
year of his age. 

We have, thus far, followed him through a labo- 
rious course of political and professional duties, in 
his native state, for more than twenty years. We 
have seen him advancing in his professional career, 
first to the crpital of his county, and then of the 
state, and finally, filling for several years, her 
highest law office. Wc have seen the progress of 
his political ascendency, first in his native village, 



208 THE LIFE OF 

then in the county, and finally throughout this 
same great state. We have seen him advance, 
by industry and perseverance, in his professional 
course to the pinnacle of his ambition, in despite of 
manifold disadvantages and discouraging ob- 
stacles. We have seen the same indefatigable 
exertion, the same unwearied zeal, the same con- 
sistency and integrity of character, winning the 
confidence of the political party to which he ad- 
hered, until he had gained a share in their affec- 
tions and a claim on their grateful respect, which 
rarely falls to the lot of any man. 

His progress had been natural, open and rea- 
sonable ; the consistent result of honesty, exertion 
and talent. It is true his laborious and extended 
legal practice had furnished him with resources of 
learning, and readiness in argument, w hich, if view- 
ed only in their full display, at the moment of ma- 
turity, were fitted to excite admiration and sur- 
prize. So also his long study of the human heart, 
his great experience in political matters and his 
pre-eminent good sense had given him a power of in- 
terpreting the popular will, and of uniting, har- 
monizing and directing the feelins-s of those with 
whom he acted, which few men ever attain to. 

No wonder, therefore, that superficial observers, 
looking only at the admirable results of his riper 
experience, and neglecting the laborious discipline 
by which he had attained them, ascribed his unri- 
valled political ascendency, and the firmness of his 
hold upon the affections of the people, to some se- 
cret, magical influence, some mysterious and un- 



MARTIN VAN BUREN. 209 

discoverable spell, entirely foreign to the true 
cause. 

This shallow prejudice was much strengthened 
when Mr. Van Buren was seen to rise, at his first 
entrance into the Legislature of the nation, to the 
same commanding influence he had long main- 
tained in the councils of his native state. They 
who ascribed his success at home, not to the labo- 
rious exertion of superior talent during nearly a 
quarter of a century, but to intrigue, artifice and 
corruption, looked forward to his early confusion 
and defeat in the United States' Senate : an as- 
sembly in which ability, only, can secure influence 
and respect. 

But at this point also, as at every other in his 
political career, his enemies were doomed to dis- 
appointment. His varied intellectual resources, 
natural and acquired, began to command their ap- 
propriate respect, almost upon his first entrance 
into the Senate ; and before the termination of the 
first session of his service, he had established, in 
that high body, which ever embraces some of the 
most distinguished men in the nation, a reputation 
surpassed by few of its oldest members. 

To furnish a complete view of Mr. Van Bu- 
ren's services in the Senate of the United States, 
during the seven years he was a member, would 
be to transcribe a large portion of its proceedings. 
I shall, therefore, classify as far as possible, the 
various subjects upon which his opinions were ex- 
pressed, during his service in the Senate, and shall 
endeavor, by extracting some portions of his 
18^ 



SIO THE life: of 

speeches and by a careful analysis of others, to 
present an accurate view of his political senti- 
ments on each important question, and to exhibit , 
with clearness, to the. reader, the leading features! 
of his senatorial career. 

On the 17th of December, he was elected a 
member of the committee on finance and also of 
the committee on the judiciary. Shortly after- 
wards, he became chairman of the latter commit- 
tee, a position which he retained during his con- 
tinuance in the Senate. His first remarks in the 
Senate were on the claim of the Marquis De 
Maison Rouge : a claim which involved the title 
to about half a million acres of the public lands. 
Tliis claim was discussed on the 12th of February, 
1822. ]Mr. Van Buren spoke nearly two hours, 
but the discussion involved too few general princi- 
ples to justify an extract from his speech. On 
this debate the National Intelligencer remarked : 
" the debate was able, and, in the course of it, two 
of the new members, Mr. Southard and Mr. Van 
Buren, came forward with a display of much tal- 
ent and with considerable effect, though on oppo- 
site sides." During the same session he made re- 
marks, among other topics, on the apportionment 
bill ; on the French land claims in Louisiana, and 
the settlement of difficulties between the states ; 
and on paying salaries to public officers who were 
indebted to the United States. 

At an early period of his public service, as a 
member of the Senate of New York, he introduced 
into that assembly, a bill to abolish imprison- 



MARTIN VAN BUREN. 211 

ilient for debt, except in cases of fraud, malicious 
injury or gross brcacli of trust. He strenuously- 
brought forward this proposition several years in 
succession, and finally obtained for it the approba- 
tion of the Senate. It however failed in the house 
of Representatives. The principle was eventually 
incorporated into the jurisprudence of New York, 
but not until many years after Mr. Van Buren's 
removal into the councils of the nation. 

In compliance with his views entertained at this 
early period, so soon as he became a member of 
the United States' Senate, he co-operated, actively, 
with Richard M. Johnson, in attempting to ingraft 
the same great principle upon the jurisprudence 
of the United States. 

Accordingly, we find him as early as January 
1823, taking a deep interest in the bill proposed by 
Col. Johnson, and offering sundry amendments 
and modifications which were likely to do away 
objections to the measure and improve its practical 
operation. 

On the IGth of March, 1824, two of these 
amendments were discussed : one allowed the 
debtor to be held to bail, on proof, by two witnesses 
that he was about to leave the country ; the other 
provided that upon charge of fraudulent conceal- 
ment of property, the fact was to be tried by a 
jury, and if found to be true, execution was to is- 
sue against the body of the creditor. 

In connection with this subject he made a few re- 
marks, the substance of which, as imperfectly re- 



•212 LIFE OF MARTIN VAN BUREN. 

ported, has already been laid before the public. 
Having on a former occasion introduced an expli- 
cit declaration of his views on this subject, it will 
not be necessary to repeat them at the present 
time. 



CHAPTER XII 



Mr. Van Bvren proposes to amend the constitution of the 
United Slates so as to keep the choice of President 
and Vice President from the House of Representa- 
tives. Extract from his speech on that subject. 

The reader's attention will next be directed to 
Mr. Van Buren's views with regard to the mode 
of electing the President and Vice President of 
the United States. 

In his action on this subject, he appears to have 
set out with the conviction that there was the ut- 
most necessity of removing the election, if possi- 
ble, from the house of Representatives. By the 
present system, when the election comes into the 
house, the small states are on an equality with the 
large ; and this is the source of their objection to 
an amendment referring the ultimate choice to 
electors. To meet the surrender of this right, on the 
part of the small states, Mr. Van Buren proposed 
to divide the states into as many districts as its 
number of electors ; each district to choose an 



214 THE LIFE OF 

elector ; the electors to vote for President and 
Vice President, and in case of no choice, upon be- 
ing again convened by the President, to vote for 
one of the two highest candidates, and then in 
case of no choice, the election to go to the house 
of Representatives, as at present. 

This proposition was, in substance, sustained by 
Mr. Van Buren through three successive sessions 
of Congress. As the subject is still in agitation 
and is among the most important upon which pub- 
lic opinion is to be formed, an extract from Mr. 
Van Buren's remarks at the time of introducing his 
amendment will here be subjoined. 

" Having said this much upon that branch of the subject, 
Mr. Van Buren Avould proceed to state briefly another 
point, in which the proposition he offered differed essen- 
tially from the others proposed, and in which difference 
was involved a principle in the government, as important, 
in his view, as any which had for some time been discus- 
sed on that floor. In doing so, it was a subject of gratifi- 
cation to him, that this principle had no reference to the 
relative and conflicting interest of the states in the confed- 
eracy, but looked equally to the welfare and security of 
all. To a correct understanding of the point, he Avished 
to present, it became necessary to take a brief view of the 
principle upon, and the circumstances under which, our 
present form of government was established. Under 
the articles of confederation, the representation of each 
state in the General Government Avas equal. The Un- 
ion Avas in all respects purely federal, a league of sove- 
reign states upon equal terms. To remedy certain defects, 
by supplying certain powers, the convention Avhich fram- 
ed the present constitution Avas called. That convention, 
it is now well known, A\'as immediately divided into par- 
ties, on the interesting question of the extent of poAverto 
be given to the neAv governments : Avhether it should be 
federal or national ; Avhether dependent upon or inde- 
pendent of the stale governments. It is equally well 
knoAvn that that point, after having several times arrest- 



MARTIN VAN BUREN. 215 

cd the proceedings of the convention, and threatened a 
dissolution of the confederation, subsequently divided the 
people of the states on the question of ratification. He 
might add, that with the superadded question of what 
powers have been given by the constitution to the federal 
governn:ient, to the agitation of which the feelings which 
sprung out in the convention greatly contributed, it had 
continued to divide the people of this country down to 
the present period. The party in the convention in favor 
of a more energetic government, being unable to carry, or, 
if able, unwilling to hazard the success of the plan with 
the states, a middle course was agreed upon. That was, 
that the government should be neither federal nor national, 
but a mixture of both. That of the Legislative Department, 
one branch, the power of representation should be wholly 
national, and the other, the Senate, wholly federal. That 
in the choice of the Executive, both interests should be 
regarded, and that the Judicial should be organized by the 
other two. But, to quiet efiectually the apprehensions of 
the advocates for the rights and interest of the states, it 
was provided that the General Government should be 
made entirely dependent for its continuance, on the will 
and pleasure of the state governments. Hence, it was 
decided that the house of Representatives should be ap- 
portioned among the states, with reference to their popu- 
lation, and chosen by the people ; and power was given to 
Congress to regulate and secure their choice, independent 
of, and beyond the control of the state governments. 
That the Senate should be chosen exclusively by the 
State Legislatures, and that the choice of the electors of 
President and Vice President, although the principle of 
their apportionment was established by the constitution, 
should in all respects, except the time of their appoint- 
ment and of their meeting, be under the exclusive control 
of the Legislatures of the several states. The scheme of 
government thus formed, was submitted to the people of 
the respective states, through their Legislatures, for rati- 
fication. For a season its ratification was v\ armly oppos- 
ed in almost every state. Although the control over the 
choice of but one branch, of one department of the gov- 
ernment, was vested in Congress, danger to the rights of 
the states was every where apprehended, and the ques- 
tion of ratification of the constitution rendered extremely 
doubtful. 

" To stem this torrent of opposition, the most distin- 
guished commentators on the proposed phn (the authors 



216 THE LIFE OF 

of the federalists) placed strongly and truly before the 
people of the states, the fact of the dependence of the 
General upon the state governments, and the constitutional 
right of those governments, or even a majority of them, 
if the power they had conferred should be abused, to dis- 
continue the new government by withholding its Senate 
and Chief Magistrate. Among other things they said — 
'the state governments may be regarded as constituent 
and essential parts of the Federal Government, whilst the 
latter is no wise essential to the operation or organization 
of their power, Witliout the intervention of the State 
LegislatKres, the President of the bnitcd States can- 
not be elected at all. They must in all cases have a great 
share in his appointment, and will perhaps, in most cases 
themselves determine it. The Senate will be elected abso- 
lutely and exclusively by the state Legislatures. Even the 
House of Representatives, though drawn immediately from 
the people, will be chosen very much under the influence of 
that class of men whose influence over the people obtains 
for themselves an election into the state Legislatures. 
Thus each of the principal branches of the Federal 
Government will owe its virtue more or less to the favor 
of the state governments and must consequently feel a 
dependence which will be much more likely to beget a 
disposition too obsequious than too overbearing toward 
them.'' The ratihcation by a sufficient number of the 
states was obtained. On reference, however, to the 
proceedings of the state conventions, it will be seen, 
that in several of the states, the control by Congress, over 
the choice of Representatives merely, was strongly remon- 
strated against. That amendments were proposed for its 
qualification, by the states of South Carolina, North 
Carolina, Virginia, Massachusetts, New Hampshire, 
Rhode Island and New York. That most of them re- 
solved that it should be a standing instruction to their 
delegates in Congress, to endeavor to effect that and oth- 
er amendments proposed. The proposition of the gentle- 
man from New Jersey, to which Mr. Van Buren had al- 
luded, would, if adopted, break an important link in the 
chain of dependency of the general upon the state govern- 
ments. It would surrender to the General Government all 
control over the election of President and Vice President, 
by placing the choice of electors on the same footing 
with that of Representatives. It would at this time be 
premature to go into a minute examination of the provis- 
ions of the resolution alluded to. to show that such would 



MARTIN VAN BUREN. 217 

be its effects. Upon examination, it will be found that 
such^would be its construction. That it does in sub- 
stance what another proposition, upon their table, origi- 
nating in the other house, does in words. But even was 
there doubt upon that subject, that doubt should be re- 
moved by an express provision, reserving to the states 
their present control over the election, except as to what 
is particularly provided for in the resolution now propos- 
ed. If it is fit to lake from the stateg their control over 
the choice of electors of President and Vice President, 
and give it to the Federal Government, it would be equal- 
ly proper, under the popular idea of giving their election 
to the people, to divide the slates into districts for the 
choice of Senators, as was proposed in the convention, 
and give to Congress the control over their election also. 
If the system be once broken in upon in this respect, the 
other measure will naturally follow, and we will then 
have what Avas so much dreaded by those who have gone 
before us, and what he feared would be so much regret- 
ted by those who come after — a completely consolidated 
government — a government in which the state govern- 
ments would be no otherwise known or felt than as it be- 
came necessary to control them. To all this, Mr. Van 
Buren was opposed. He was so, because it was a matter 
not necessary or fitly connected with the subject under 
consideration ; that being a question between the states 
themselves, as to their relative interest, — a question which 
might and ought to be settled, and leave their relation to the 
Federal Government as it stands at present. The other 
is a question between the states, collectively, and the Fed- 
eral Government, affecting most materially the relation 
they now bear to each other. But, even if it were pre- 
sented under difierent circumstances, he would oppose it. 
Because, however ardent his attachment to the Federal 
Government, and however anxious he might be to sus- 
tain it, in the exercise of the powers given to it by the 
constitution — and, in that respect, he would, he trusted, 
go as far as any man ought to go — he was unwilling to 
destroy or even to release its dependence on the state 
governments. At the time of the adoption of the federal 
constitution, it was a question of much speculation and 
discussion, which of the two governments would be most 
in danger from the accumulation of influence by the 
operation of the powers distributed by the constitution. 
That discussion was founded on the assumption that 
liiey were, in several respects, rival powers, and that such 
19 



t>18 THE LIFE OF 

[)o\vcrs would always be found in collision. The be^t 
lights which could then be thrown upon the subject, Avere 
derived from the examples afforded by the fates of several 
of the governments of the old world, Avhich were deem- 
ed to be, in some respects, similar to ours. But the gov- 
ernments in question having operated upon, and been ad- 
ministered by, people whose habits, characters, tempers, 
and conditions, were essentially ditferent from ours; the 
inferences to be derived from that source were, at best, 
unsatisfactory. Mr. Van Buren thought that experience, 
the only unerring criterion by which matters of this de- 
scription could be tested, had settled for us the general 
point of the operation of the powers conferred by the 
constitution upon the relative strength and influence of 
the respective governments. It was, in his judgment 
susceptible of entire demonstration, that the federal con- 
stitution had worked a gradual, if not an undue, increase 
of the strength and control of the General Government, 
and a correspondent redaction of the influence, and, con- 
sequently, of the respectability of the state governments. 
The evidence in support of this position Avas abundant, 
and, if the matter should come under full discussion, 
could be readily afforded. He thought, further, that ex- 
isting causes, which were every day gaining force, would, 
for the future more rapidly increase that operation. He 
considered the qualified dependence of the General upon 
the state governments, as their strong anii of defence to 
protect them against future abuses. Under that view of 
the subject, he was opposed to so material a change of 
the present condition of the respective governments, as 
would be produced by the amendment to which he ob- 
jected. He Vv'as in favor of leaving matters in that re- 
spect, as they stood. Under this impression Mr. Van 
Buren had prepared a resolution which avoided the de- 
fect attaching to that of the gentleman from New Jersey ; 
requiring the contemplated division of the states into dis- 
tricts, to be co-extensive with the number of electors in- 
stead of Representatives, and, at the same time, secured 
the great object upon which he had been commenting." 

The proposition to amend met with but Httle fa- 
vor, in the house of Representatives, and on the 8th 
of May 1826, we find Mr. Van Buren rekictantly 



MARTIN VAN BUREN. 219 

consenting to its postponement to another session, 
but pledging himself to persist in sustaining it in 
the followino; words : 



" Mr. Van Burcu said, he would if iiis life was spared, 
unite his exertions with those of the Chairman, to press 
the matter to a favorable conclusion early in the next ses- 
sion ; and notwithstanding that tlie question would have 
to be decided by the same house of Representatives, he 
Avould do so in full confidence, that their labors would be 
crowned with complete success. He would briefly state 
his reasons for that belief. He was satisfied that there 
was no one point on which the people of the United 
States were more perfectly united, than upon the proprie- 
ty, not to say, indispensable necessity, of taking the elec- 
tion of President from the house of Representatives. 
The experience under the Constitution, as it stands, as 
well formerly as recently, had produced that impression, 
and he considered the vote of the house of Representa- 
tives as the strongest manifestation of its existence. In 
that respect, it would be of value, but beyond that, it could 
produce no results. Although it could, he thought, he 
satisfactorily shev/n, that ihe small states would, if noth- 
ing more was done, be better olf than they are under the 
constitution, as it stands, still all experience has shewn 
tiiat they do not think so. There is no reason to believe 
thai they will ever consent to give up the power they 
now have without an equivalent, without a resort to the 
principle upon which the constitution was founded, that 
of compromise. The equivalent with which they Avould 
be satisfied, with which they ought to be satisfied, is the 
breaking up of the consolidated strength of the large 
states, by the establishment of the district system. It is 
in vain, therefore, for gentlemen to be, or to affect to be, 
in favor of taking the election from the house, unless 
they are willing to do that also, without whii:h the lead- 
ing object cannot be effected ; without that, all is empty 
profession. V^^e must, for the purpose of the election, 
make all the states of the same size, which would be the 
effect of the district system, and then, and then only, can 
we give the election of President and Vice President to 
the people, preserve the purity of the system, and in real- 
ity, restore the balance of power among the slates to the 
footing on Avhich it stood at the adoption of the constitu- 



220 LIFE OF MARTIN^VAN BUREN. 

lion. Believing that the desire to take the election from 
the house had sunk deep in the public mind, knowing 
the all powerful agency which public sentiment fortu- 
nately had in our government, be had the strongest hopes 
that the correct sentiment which now happily existed 
upon this one point w^ould be able to carry the other with 
it. He hoped, and believed, that the people of the United 
States would, in the coming recess, in all constitutional 
forms, express their opinion upon this subject. If they 
did so, and if they really desire the election of their Chief 
Magistrate, and were true to themselves, another session 
would not pass by, without an opportunity being furnished 
to the states to express their opinion upon this most inter- 
esting subject ; a subject with which, in his opinion, the 
future welfare of the country, and the liberties of its citi- 
zens, were more closely connected than any other which 
had been agitated in Congress since the adoption of the 
constitution." 



CHAPTER Xlll, 



Mr. Van Buren's fjroposed amendment of the Judiciary 
system of the United States. His speech on the 
Judiciary system. t 

As chairman of the committee on the Judiciary, 
that department received a large share of Mr. Van 
Buren's attention and engrossed a large amount of 
his labors. Various bills were reported, at differ- 
ent times, of which the object was to extend the 
benefit of the Circuit Courts to the western states. 
Two great principles were chiefly contended for 
in the Senate ; one went to establish District 
Courts to the ziecessary extent, to exercise the 
functions of the present Circuit Courts ; and to 
relieve the judges of the Supreme Court from any 
cfther duties than holding a revisory court in Wash- 
ington. The other plan proposed to add to the 
number of judges of the Supreme Court, and re- 
quire them to travel on the several circuits, as at 
present. 

19* 



222 THE LIFE OF 

The first bill reported by Mr. Van Buren as 
Chairman of the Judiciary Committee, on the 11th 
of March 1824, was on the former principle. It 
did not, however, meet favor in the Senate, and if 
it ever had the approbation of Mr. Van Buren, he 
afterwards became decidedly averse to a separa- 
tion of the Supreme Court from the Circuits. On 
the 9th_of January 1826, he reported, from the 
judiciary committee, a bill which established three 
new circuits and added three new judges to the 
Supreme Court. His speech in explanation and 
support of this bill, delivered in the Senate on the 
7th of April following, is one of the most elaborate 
and eloquent to be found in the debates of that 
body. In the outset of this truly great speech, he 
states, with his usual distinctness and brevity, the 
necessity of some alteration in the existing system. 
This was embraced under three heads. 

1st. The great accumulation of business in the 
Supreme Court : 

2d. The unfinished business in the Circuit com- 
posed of Ohio, Kentucky, and Tennessee : 

3d. The exclusion of six states, viz. lUinois, Mis- 
souri, Indiana, Alabama, Mississippi and Louisiana, 
from the benefits of the Circuit Court. 

These positions were illustrated by a most im- 
posing array of facts, collected with great industry 
and arranged in the most lucid and forcible order. 
After thus exhibiting the evil to be remedied, 
and commenting upon the intrinsic difficulties 
which attended every alteration of the present 
system, he entered into a full examination of the 



MARTIN VAN BUREN. 223 

various remedies proposed. He strenuously ob- 
jected to all schemes which involved a separation 
of the Supreme Court from the Circuits ; as it 
would withdraw them from the power of public 
opinion, a power which he characterized " as the 
most honest and best of all powers," and would 
render the court an appendage of the national 
government, in the highest degree dangerous to 
the states. The attention of the reader is earnest- 
ly requested to the following extracts from this 
speech ; they depict the enormous powers of the 
Supreme Court and its constant tendency to am- 
pHfy its jurisdiction, in the clearest colors ; at the 
same time, the tone of remark is free from asper- 
ity, and characterized by great respect for the 
important tribunal whose functions were under 
examination. The speaker's first object is to show 
the impolicy of separating the Supreme Court 
from the Circuits. 



" By tlis present Judiciary act it is provided, ' that the 
laws of the several states, except where the constitution, 
treaties, or statutes of the United States, shall otherwise 
require or provide, shall be regarded as rules of decision 
in trials at common law, in courts of the United States, 
in cases where they apply.' 

" In many, if not most, of the controverted cases be- 
tween individuals, of which the Federal Courts derive 
jurisdiction from the character of the parties, the titles 
under which they claim, or from other sources, the local 
or state law forms the rule of decision. An intimate 
knowledge of that is, therefore, an indispensable qualifi- 
cation for a judge of the Supreme Court. The difficulty 
of acquiring and retaining it is infinitely greater than 
would, on first impression, be supposed. Of the twenty- 
four states, there are not two whose laws, affecting the 
rights of persons and property, are, in all respects, the 



224 TIJE LIFE OF 

same. Between many (lie differences are as c^reat as is 
usual beUveen states on different continents. Each has 
an established system, wholly unconnected with its sister 
states. The system is composed of portions of the En- 
glish common law, adopted with various modifications 
and alterations, of more or less of the principle of the 
English equity system, of the statutes of the states, and 
the constructions which have, from time to time, been 
put upon them by the state judicatories. It is true that 
these are all to be found in books, but we well know how 
little apt men are, when they can avoid it, to study sub- 
jects of this description, and men of experience in these 
things know the extreme difficulty, not to say impractica- 
bility, of making one's self at all familiar with them in 
any other Avay than by actual practice in the courts, either 
in examining them for argument, or in deciding them 
from day to day. ■* * * 

" There is another consideration belonging to this 
branch of the subject, entitled to great weight. It is im- 
possible, with the best intention on the part of the execu- 
tive branch of the government, to avoid bad appointments. 
Influence and favoritism sometimes prevail, and to a want 
of correct information the government is always exposed. 
Incompetent men, therefore, Avill sometimes be appoint 
ed. If confined to the discharge of term duties only, the 
country may be saddled with them during their whole 
lives. They might assent or dissent at terms, and the 
kindness of their brethren, and their respect for the char- 
acter of the court, would induce them to do as the rest. 
But the case is greatly otherwise, if they arc obliged to 
preside at Circuits, to discharge their high duties in the 
face of the people, unaided by their brethren of the bench. 
There is a power in public opinion in this country, "and I 
thank God for it;" for it is the most honest and best of all 
powers, which will not tolerate an incompetent or unwor- 
thy man to hold in his weak or wicked hands, the lives 
and fortunes of his fellow-citizens. This power operates 
alike upon the government and the incumbent. The for- 
mer dare not disregard it, and the latter can have no 
adequate wish that they should, when he once knows the 
estimation in which he is held. This public ordeal, 
therefore, is of great value ; in my opinion, much more 
so than what has, with some propriety, been called the 
scare-crow of the constitution, the power of impeach- 
ment. 



MARTIN VAN BUREN. 225 

•' But there is still another view of the subject, bearing, 
with irresistible force, against the separation of the Justi 
ces of the Supreme Court, under any circumstances, from 
the Circuit Courts, and agninst the adoption of any sys- 
lem, which, though it does not directly, may, ultimately, 
lead to that result. * * * 

'• Hitherto, the justices of the Supreme Court have re- 
sided in the states, and with a single individual excep- 
tion, within their respective Circuits. Before the act of 
i802, because the principal part of their business was 
there ; since 1802, because the law made it their duty. 
If other provision is made for holding the Circuits, the 
whole business of the justices of the Supreme Court 
would be done here, and, sooner or later, they would, in 
the natural course of things, all move to, and permanently 
reside at, ihe seat of Government. 

"From that result, inferences, of a contrary character, 
but uniting in deprecating its policy, are drawn. Some 
think they see in it danger to the Court, others apprehend 
danger from the Court. In my judgment both are right. 

"It has been justly observed elsewhere, that 'there ex- 
ists not upon earth, and there never did exist, a judicial 
tribunal clothed with powers so various and so important, 
as the Supreme Court. * * * 

" Not only are the acts of the National Legislature sub- 
ject to its review, but it stands as the umpire between the 
conflicting powers of the General and state Governments. 
That wide held of debatable ground between those rival 
powers is claimed to be subject to the exclusive and ab- 
solute dominion of the Supreme Court. The discharge 
of this solemn duty has not been unfrequent, and certain- 
ly, not uninteresting. In virtue of this power, we have 
seen it holding for naught the statutes of powerful states, 
which had received the deliberate sanction, not only of 
their Legislatures, but of their highest Judicatories, com- 
posed of men venerable in years, of unsullied purity, and 
unrivalled talents, statutes, on thefaithof which immense 
estates had been invested, and the inheritance of the wid- 
ow and- the orphan were suspended. You have seen 
such statutes abrogated by the decision of this Court, and 
those who had confided in the wisdom and power of the 
state authorites, plunged in irremediable ruin. Decisions, 
final in their effect, and ruinous in their consequences. I 
speak of the power of the Court, not the correctness or 
incorrectness of its decisioas. With that we have here 
nothing to do. 



226 THE LIFE OF 

"But this is not all. It not only sits in final judgment 
upon our acts, as the highest legislative body known to 
the country ; it not only claims to be the absolute arbiter 
between the federal and state governments, but it exer- 
cises the same great power between the respective stales 
forming this great confederacy, and iJictr orvn ciiizens. 
By the constitution of the United States, the states are 
prohibited from passing ' any law impairing the obliga- 
tion of contracts.'' This brief provision has given to the 
jurisdiction of the Supreme Court a tremendous sweep. 
Before I proceed to delineate its tendency and character, 
I will take leave to remark upon some extraordinary cir- 
cumstances in relation to it. We all know the severe 
scrutiny to Avhich the constitution was exposed. Some 
from their own knowledge, others from diiferent sources. 
We know with Aviiat jealousy, with what watchfulness, 
with what scrupulous care its minutest provisions Avere 
examined, discussed, resisted, and supported, by those 
who opposed, and those who advocated its ratification. 
But, of this highly consequential provision, this provision 
which carries so great a portion of all that is valuable in 
state legislation to the feet of the federal judiciary, no 
complaints were lieard, no explanations asked, no re- 
monstrances made. If there were, they have escaped my 
researches. It is most mysterious, if the constitution 
was then understood, as it now is, that this was so. An 
explanation of it has been given, how correct I know 
not. 

"The difficulties which existed between us and Great 
Britain relative to the execution of the treaty of peace, 
are known to all. Upon the avowed ground of retalia- 
tion for the refusal of England to comply with the stip- 
ulation on her part, laws were passed, between the years 
1783 and 1788, by the states of Virginia, South Carolina, 
Rhode Island, New Jersey, and Georgia, delaying execu- 
tion, liberating the body from imprisonment on the deliv- 
ery of property, and admitting executions to be discharged 
in paper money. Although those laws were general in 
their terms, applicable as well to natives as to foreigners, 
their chief operation was upon the British creditors, and 
such was the leading design of their enactment. England 
remonstrated against them as infractions of the stipula- 
tion in the treaty, that creditors, on either side, should 
meet with no impediments to the recovery of the full 
value, in sterling money, of all debts previously contract- 
ed, and attempted to justify the glaring violations of the 



MARTIN VAN BUREN. 227 

treaty, on her part, on that ground. An animated discus- 
sion took place hetween the federal government and 
Great Britain, and between the former and the states in 
(luestiou, upon the subject of the laws referred to, their 
character and effect. It was during this time that the 
constitution Avas formed and ratified. It is supposed that 
the difficulties, thus thrown in the way of adjustment 
with England, through the acts of the state governments, 
suggested the insertion in the constitution of the provision 
in question, and that it Avas under a belief that its chief 
application would be to the evil then felt, that so little 
notice was taken of the subject. 

" If it be true, that such was its object, and such its 
supposed eilect, it adds another and a solemn proof to 
that which all experience has testified, of the danger of 
adopting general provisions for the redress of particular 
and partial evils. But, whatever the motive that led to 
its insertion, or the cause that induced so little observa- 
tion on its tendency, the fact of its extensive operation is 
known and acknowledged. The prohibition is not con- 
fined to express contracts, but includes such as are impli- 
ed by law, from the nature of the transaction. Any one, 
conversant v\'ith the usual range of state Legislation, will, 
at once, see how small a portion of it is exempt, under 
this provision, from the supervision of the seven judges 
of the Supreme Court. The practice under it has been 
in accordance with what should have been anticipated. 

'• There are few states in the Union, upon whose acts 
the seal of condemnation has not, from time to time, been 
placed by the Supreme Court. The sovereign authori- 
ties of Vermont, New Hampshire, New York, New Jer- 
sey, Pennsylvania, Maryland, Virginia, North Carolina, 
Missouri, Kentucky and Ohio, have, in turn, been rebuked 
and silenced, by the over-ruling authority of this Court. 
I must not be understood, sir, as complaining of the exer- 
cise of this jursidiction by the Supreme Court, or to pass 
upon the correctness of their decisions. The authority 
iias been given to them, and this is not the place to ques- 
tion its exercise. But this I will say, that, if the question 
of conferring it was now presented for the first time, I 
should unhesitatingly say, that the people of the states 
might, with safety, be left to their own Legislatures, and 
the protection of their own Courts. 

" Add to the immense powers of which I have spoken, 
those of expounding treaties, so far, at least, as they bear 
upon individuals, citizens, or aliens, of deciding contro- 



228 THE LIFE OF 

versies between the states of the confederacy themselves, 
and between the citizens of the diiferent states, and the 
justice of the remark will not be questioned, that there 
is no known judicial power so transcendently omnipotent 
as that of the Supreme Court of the United States ! 

" Let us now, for a few moments, consider the influ- 
ence which this ought to have upon our legislation, li 
would not be in accordance with the cornmon course of 
nature to expect that such mighty powers can long con- 
tinue to be exercised, without accumulating a weight of 
prejudice that may, one day, become dangerous to an in- 
stitution which all admit to be of inestimable value. It is 
true, as has elsewhere been said, with apparent triumph, 
that the states, whose legislative acts have successively 
fallen under the interdiction of the Court, have excited 
little or no sympatjiy on the part of their sister states, 
and, after struggling with the giant strength of the Court, 
have submitted to their fate. But, sir, it is feared tj^f 
this will not always be the case. These who are most 
ardent in their devotion to this branch of the government, 
knowing the feelings produced by these decisions in the 
states aifected by them, sensible that those feelings are 
rather smothered than abandoned, upon conviction of 
their injustice, fear that, by adding another and another 
state to the ranks of those who think they have reason to 
complain, an accumulation of prejudice may be produc- 
ed, that will threaten, if not endanger, the safety of the 
institution. 

" Seeing, and feeling, and fearing this, they, with wise 
and patriotic foresight, wish to adopt every measure 
which will retain and increase, as far as practicable, the 
general confidence in the Court, and to avoid such as 
may, by possibility, have a tendency to weaken it. No 
reflecting man can doubt, that the residence of the judges 
of the Supreme Couit in the states, being subject in their 
persons, family, and estates, to the laws of the state, por- 
tions of their families, as is frequently the case, members 
of the state governments, and themselves only temporari- 
ly absent, going in and out before the people of the states, 
and commanding their confidence by the purity of their 
lives, and the mcdesty of their demeanor, enforcing and 
expounding their ■>wn decisions in the face of the differ- 
ent classes of the community at the Circuits, and in free 
and familiar intercourse with those who have such great 
influence in giving a proper direction to public opinion on 
Jegal subjects, must have an infinitely greater tendency 



MARTIN VAN BUR EN. 229 

to enable tlie judges to sustain themselves in the honest 
discharge of their high duties, than if they were cut off 
from all connection with the states. Greater than if they 
were settled in this metropolis, and to the great mass of 
the people of the states unheard and unseen, but felt in 
their power, through the remotest borders of the Union ; 
and how felt, sir ? Not as is the case with the other 
branches of the government, in extending favors, in mu- 
nificent grants and all the various measures of relief, — nc, 
sir, always on one side, and not unfrequently on all sides, 
their measures aie regarded as harsh and vindictive. 
Their business is to punish the guilty, to restrain the vi- 
cious, to curb power, and to correct its excesses. Such 
acts are necessary to the well-being, to the very exist- 
ence of society, but are not those which have the strong- 
est tendency to conciliate popular favor. It is to effect 
this object, in part, that the friends of the bill, as I can- 
not but think wisely so, zealously resist every measure 
which will or may separate the Justices of the Supreme 
Court from the Circuits, and bring them to this city. 

" But this is not the only, or the most interesting view, 
which may be taken of the subject. The political cha- 
racter of the Court, so far as it becomes its duty to pass 
on the laws of the respective states, affecting personal 
rights, has already been referred to. A few cursory ob- 
servations upon the character and tendency of its juris- 
diction, so far as it relates to the powers of the general 
and state governments, considered as independent, and, 
in manv respects, rival states, Avill conclude my remarks 
on this branch of the subject. 

" The unfortunate extent of the grounds of collision be- 
tween the respective governments, has already been re- 
ferred to. It was beyond the wit of man, in the constitu- 
tion of a government like ours, to have wholly avoided it, 
and it can only be lessened by mutual forbearance and 
explanatory amendments. He must be but a superficial 
observer of events, who is not sensible that it is a subject 
which is every day attracting more of public attention and 
solicitude. There are those, sir, and they are neither 
small in number, nor light in character, who think that 
the uniform tendency of the political decisions of the Su- 
preme Court has been to strengthen the arm of the Gener- 
al Government, and to weaken those of the states. Such 
men think that danger to the state governments is to be 
apprehended from permanently fixing the Judges of the 
Supreme Court at the seat of the federal government. 
20 



230 THE LIFE OF 

They fear, (to use an expression, -which, though not literalfj 
applicable here, still so well conveys the idea) that it 
would be 'establishing a power behind the throne 
stronger than the throne itself.' Thus thinking, they 
commenced, as far back as the now vindicated, but for- 
merly much abused, act of 1802, to confine the Justices 
of the Supreme Court to their respective Circuits, and 
that course has been persevered in to the present day. 
They think the inevitable tendency of a change would 
be for the worse, that, if the Judges come here under the 
eye of the government, prominent parties as tl:cy always 
must be to all collisions between the respective govern- 
ments, they could not fail to embark more strongly in the 
feelings of men in power here, than they now do. 

" Sir, this has become a subject on which it is difficult 
for one to speak without unpleasantly encountering the 
strong opinions entertained on different sides of the ques- 
tion. On the one hand, expressions of distrust and dis- 
satisfaction are heard, of a character so strongly marked, 
as to defeat their object and recoil upon their authors. 
On the other, a sentiment, I had almost said, of idolatry 
lor the Supreme Court, has grown up, which claims for 
its members an almost entire exemption from the fallibili- 
ties of our nature, and arraigns with unsparing bitterness 
the motives of all who have the temerity to look with in- 
quisitive eyes into this consecrated sanctuary of the law. 
So powerful has this sentiment become, such strong hold 
has It taken upon the press of this country, that it re- 
quires not a little share of firmness in a public man, how- 
ever imperious may be his duty, to express sentiments 
that conflict with it. It is nevertheless correct, sir, that 
in this, as in almost every other case, the truth is to he 
found in a just medium of the subject. To so much of 
the high-wrought eulogies, (which the fashion of the times 
has recently produced in such great abundance) as allows 
to the distinguished men who now hold in their hands 
that portion of the administration of public affairs, talents 
of the highest order and spotless integrity, I cheerfully 
add the very humble testimony of my unqualified assent. 
That the uncommon man who now presides over the 
Court, and who I hope may long continue to do so, is, in 
all human probability, the ablest Judge now sitting upon 
any judicial bench in the world, I sincerely believe. IBut 
to the sentiment, which claims for the Judges so great a 
share of exemption from the feelings that govern the con- 
duct of other men, and for the Court the character of 



MARTIN VAN BUREN. 231 

feeing the safest depository of political poioer, I do not 
subscribe. I have been brouglit up in an opposite faith, 
and all my experience has confirmed me in its correct- 
ness. In my legislation upon this subject, I will act in 
conformity to those opinions. I believe the Judges of the 
Supreme Court, (great and good men as I cheerfully con- 
cede thera to be,) are subject to the same infirmities, in- 
fluenced by the same passions, and operated upon by the 
same causes that good and great men are in other situa- 
tions. I believe they have as much of the esprit du corps 
as other men, those who act otherwise, form an erroneous 
estimate of human nature : and if they act upon that esti- 
mate, will, soon or late, become sensible of their delu- 
sion. 

I conscientiously believe, that, to bring the Judges of 
tlie Supreme Court to the seat of the General Govern- 
ment, and making them, as it were, a part of the admin- 
istration, for such, it is to be feared, would soon be its 
effect, would bode no good to the state governments. 
With feelings for the General Government, as I humbly 
hope, purely catholic, I firmly believe, and my daily ex- 
perience confirms that conviction, that much, very much 
of the present prosperity of the country and its institu- 
tions, depends upon the successful action of the state 
governments, and that the preservation of tlieir rightful 
powers is the sine qua non of our future welfare. I will 
not, therefore, give my assent to any measure which may 
still further disqualify the states to sustain themselves in 
those collisions of power which are unavoidable, and in 
which the situation of the parties is already so unequal. 
I believe a different disposition of the Judges of the Su- 
preme Court from that provided by this bill, would have 
such effect, and I am, therefore, most decidedly opposed 
to it. Sir, it would be strange if the tendencies of this 
high tribunal were not such as I have supposed ; unless, 
indeed, they were more or less than men. It is not only 
made by this government, and sustained by this govern- 
ment, its members not only owe to it all they have and 
are to be, but they are the only portion of it that is perma- 
nent, that is beyond the reach of any power known to the 
constitution. The billows of faction may run mountains 
high, and yet not reach them. The indignant voice of an 
abused people may, at stated periods, sweep by the board 
every other portion of the men in power, may take from 
them the little brief authority under which they have 
strutted their busy hour upon the stage, and cause them 



232 THE LIFE OF 

to be seen no more, but the Supreme Court alone, * can 
never be palsied by the will of its constituents.' And, 
sir, all thinsrs considered, it is best that it is so." 



f' 



The above remarks of Mr. Van Buren are de- 
serving of the most serious attention of the Ameri- 
can people: foi", in the view of the present writer, the 
powers, attempted to be exercised by the supreme 
court, within the last few years, are cause of the 
most serious alarm. A majority of that court ap- 
pears to have acted, steadily, on the antiquated 
maxim, " bo7ii est judicis amplificare jurisdictio- 
nem," and the whole tenor of their decisions, for 
more than a quarter of a century, has been to 
strengthen and extend their own powers, and to 
bring the several state govermnents, in subjection 
to the federal government. They have recognized 
the alarming doctrine of implied powers in the 
constitution, flowing from a latitudinarian con- 
struction of that instrument : they have abrogated 
state laws, and lent their influence to sustain the 
constitutionality of a national bank ; they have, on 
a recent occasion, placed themselves in array 
against the authority of a state, on questions rela- 
ting to the local administration of criminal justice 
in that state, and their friends have claimed for 
them the right of dictating to the co-ordinate, ex- 
ecutive department of the government, its duties 
and responsibilities, when a compliance with that 
dictation would have involved the country in civil 
war. 

The firmness of the present venerable chief ma- 
gistrate has rescued the country, in a great de- 



MARTIN VAN BUREN. 233 

gree, fz'om the evil consequences of these danger- 
ous prmciples ; but it is certainly true that the great 
body of the American people have been led, by 
the high handed doctrines of the court, to favor 
such a modification of that department of the go- 
vernment, as shall bring it witliin the power of 
public opinion, and check its encroachments upon 
the rights of the states and of the other depart- 
ments of the government of the United States. 



20* 



CHAPTER XIV 



Speech of Mr. Van Buren on the establishment of a uni- 
form system of Bamkruptcy. — Brief remarks on the 
'public lands. — E.vtracts from his speech on the coloiii- 
al trade. 

In the winter of 1827, the attention of Congress 
was much occupied with a bill to establish a uni- 
form system of bankruptcy. The term bankrupt, 
in England, is confined to persons engaged in com- 
mercial operations, and the English bankrupt laws 
apply only to that class. By the ninety-third sec- 
tion of the bill proposed in the Senate, the provis- 
ions of the act were to extend to all classes, as 
well as to merchants. Mr. Van Buren, on sever- 
al occasions, took an active part in discussing the 
general bill : his sentiments on the general ques- 
tion, and on the particular section above mention- 
ed, are contained in the following brief extract 
from a speech delivered on the 23d of January 
1827. 

On a motion to strike out the ninety-third sec- 
tion : 



236 THE LIFE OF 

"Mr. Van Buren said, that, as the decision of the im- 
mediate question before the Senate would control his 
course on the final passage of the bill, he felt himself con- 
strained to state the principles which would govern him 
in the vote he was about to give. He might not, he said, 
be as sanguine in his expectations of the benefits to be 
anticipated from the establishment of an uniform system 
of bankruptcy, as some of his colleagues of the commit- 
tee ; but he was not less anxious than they that such a 
ineasure should receive the sanction of Congress at the 
present session. He was aware of the serious and impos- 
ing objections that had heretofore been made to the sys- 
tem, and that would always be made, Avhenever its esta- 
blishment was attempted. He was sensible of the argu- 
ment that was to be derived from the unfortunate result of 
the only experiment that had been made upon the subject 
by the federal Government. He was, notwithstanding, 
willing to repeat it. He felt so disposed, not only because 
he was satisfied that a great proportion of his immediate 
constituents desired it, but because he believed their 
claim upon Congress for the exercise of its constitutional 
powers in this respect, could be sustained on the ground 
of policy as well as justice. * * * 

" But, said he, when I say I am in favor of a bankrupt 
system, I mean to be understood as speaking of a bankrupt 
system in the language of the constitution, and such as 
was in contemplation by the framers of that instrument. 
All the other provisions of the bill, he said, were of that 
character, and had met his approbation in the committee. 
The 93d section was not, and had never received his sanc- 
tion. It was an insolvent, and not a bankrupt law. It 
was such a bill as Congress had no right to pass. He 
said, he was aware of the ingenuity which had been, and 
might again be used, to confound the bankrupt and insol- 
vent systems — an ingenuity which had before, and might 
again, embarrass the question as to the relative powers of 
the federal and state Governments. He was conscious 
of the difficulty, (difficulty arising from the decisions of the 
Courts, and the frequency and contrariety of legislation 
in England) that existed in laying down a clear and un- 
exceptionable rule of discrimination between bankrupt 
and insolvent lav;-s. For the present, at least, he should 
not attempt it. He would content himself with the gen- 
eral declarations — that, for nearly three hundred years, 
the two systems had been kept distinct in England : That 
ehey differed in their origin, object, and provisions, and 



MARTIN VAN BUREN. 237 

had always, there and here, been executed by different 
tribunals: That, at the time of the adoption ot'the Con- 
stitution, they were known and distinguished, both in 
England and in this country, as distinct systems— the one 
having for its object to afford a summary and speedy re- 
medy for creditors against fraudulent or failing traders ; 
the other affording relief to insolvent debtors of all de- 
nominations. The constitution of the United States, he 
said, had clothed the National Legislature with power to 
establish the former, and had left the right to pass, and 
the duty of establishing the latter upon the state govern- 
ments. The 93d section of this bill, he said, was, upon 
any definition that might be given of the different terms, 
an insolvent law. If it passed, that is, if Congress had 
the constitutional power to pass it, the states had no right 
to pass any law upon the subject of insolvency ; not even 
to authorize the discharge of debtors imprisoned, upon a 
process issuing out of their own courts, otherwise than as 
it might suit the pleasure or convenience of Congress to 
permit. There was, he said, no middle ground. If the 
partition wall between bankruptcy and insolvency was 
once broken down, all state legislation was subjected to 
the absolute and arbitrary supervision of Congress. He 
did not believe that such was the design of the framers of 
the constitution. He did not believe that such was the 
constitution. He, therefore, objected to the constitution- 
al power of Congress to pass the section referred to. He 
had before said, that he rose to explain, not to discuss, and 
he Avould not depart from the course he had marked out 
for himself. He would, therefore, only add, that, in his 
judgment, the provision contained in the 93d section, was 
not within the reasons which induced the framers of the 
constitution to vest this power of establishing uniform 
laws on the subject of bankruptcies, in Congress. That it 
was a power which never ought to be, or to have been, 
vested in Congress. That it could only be well and suc- 
cessfully executed by the states, where those who made 
the constitution had left it. That its exercise would oper- 
ate most injuriously upon the system which governed the 
Union and the states separately. Those mist^hiefs would, 
among other things, consist in an injurious extension of 
the patronage of the federal government, and an insup- 
portable enlargement of the range of its judicial power. 
It was not his purpose to specify. He would only say, 
that, if this section passed, it would be perfectly idle to 
think of the sufficiency of one or two, or ten or twenty 



538 THE LIFE OF 

commissioners, to execute the law in many, if not most, 
of the states. But a still more exceptionable consequence 
would be, the extension of the jurisdiction of the federal 
courts, and the indispensable necessity of an immediate 
and great increase of their number. The obvious char- 
acter of this consequence superseded the necessity of de- 
tail. The portion of litigation in the different states, aris- 
ing out of their insolvent laws, was familiar to all, and 
that would, of necessity, be either immediately or ulti- 
mately drawn into the federal courts. He Vv'as certain 
that, if the bill passed as it stood, the measure would not 
stand as long as its predecessor. It was, he thought, im- 
probable, that the states could stand quietly by and see 
themselves thus shorn of so great and salutary a portion 
of their powers. The decision of the supreme Court of 
the United States would, doubtless, be referred to ; of that, 
he would, for the present, only say, that that high tribunal 
had not as yet covered the whole ground. He was aware 
of what, at the moment he was speaking, was going on 
below. But he would not, for an instant, anticipate far- 
ther limitations upon the rights of the states upon this 
subject. As yet, they had not been restricted by the su- 
preme Court from passing prospective insolvent laws. 
Such was the ninety-third section. Such the states, and 
the states only, had a right to pass. If Congress acted 
upon the subject, their act, if acquiesced in, would in- 
clude a surrender of all state power upon the subject. If 
it Avas put to him to decide between being a party in such 
surrender, or the loss of the bankrupt bill, he could not, as 
he viewed the subject, without being false to his trust, 
hesitate in preferring the latter." 

In regard to the disposal of the pubhc lands, a 
topic of great interest and great difficulty, the fol- 
lowing remarks of Mr. Van Buren were made, on 
a motion to ask for information, in the Senate, May 
18th 1826. 



" Mr. Van Buren said, the subject of the public lands 
was becoming daily more and more interesting, and would 
occupy much time in legislation. It extended the patron- 
age of the government over the states in which they were 
situated, to a great extent ; it subjected them to an un- 



MARTIN VAN BUREN. 239 

wise and unprofitable dependence on the federal go- 
vernment. * * * No man could render the country a 
greater service, than he who should devise some plan by 
which the United States might be relieved from the own- 
ership of this property, by some equitable mode. He 
would vote for a proposition to vest the lands in the states 
in which they stood, on some just and equitable terms, as 
related to the other states in the confederacy. He hoped, 
that after having full information on the subject, they 
would be able to effect tlmt great object. He believed 
that if those lands were disposed of at once to the several 
states, it would be satisfactory to all." 

In the winter of 1827, arose the great discus- 
sion in the Senate, with reference to the intercourse 
with the British West India Colonies. At a sub- 
sequent period, the instructions furnished by Mr. 
Van Buren, as Secretary of state, to our minister 
in England, with reference to the adjustment of 
this question, were made the ground of his rejec- 
tion by the Senate, when himself nominated 
as minister to the same foreign court. No act 
of the American Senate ever aroused the feelings 
of the American people to a greater extent ; no 
event of Mr. Van Buren's political life ever had a 
more immediate influence upon his success. It 
will not, therefore, be improper to present his 
views of this question, at this early period, when 
his own subsequent connection with the consequen- 
ces could not have been foreseen. The subjoined 
extracts from his speech, dehvered in the Senate on 
the 24th of February 1827, present a clear view 
of the facts in the case, and are replete with the 
most judicious, statesmanlike and patriotic senti- 
ments. They evince how fully Mr. Van Buren 
was, then, master of the whole subject, and how 



240 THE LIFE OF 

little he was disposed to sacrifice national interests, 
or permit foreign governments to take advantage 
of domestic difterences of opinion. 

"Mr. Van Buren said, it was, until yesterday, my inten- 
tion, Mr. President, to abstain from all participation in the 
discussion of the bill now under consideration. The able 
examination which it has already received, and the ad- 
vanced period of the session at Avhich it has been brought 
forward, alike dictate the propriety of this course. But 
as neither the bill reported by the committee, nor the 
amendment proposed as a substitute, by the Senator from 
Maryland, [Mr. Smith] appears to my judgment entirely 
satisfactory, 1 cannot do justice to the vote which I intend 
to give; without a brief examination of this important 
subject. The commercial gentlemen Avho have favored 
the Senate with their views, have sufficiently examined 
the details, and explained the value of the trade with the 
British Colonial possessions. To their remarks on this 
point, nothing need be said. It is conceded on all sides, 
that the trade is of great value to our country, and de- 
mands every effort for its restoration and protection. 
Much lime has been occupied in criminating and vindi- 
cating the conduct of the different branches of the govern- 
ment, in reference to this subject. Of this, it is not my 
intention to complain. In a government like ours, where 
the highest office is but a trust, and every public function- 
ary is held responsible for the manner in which this trust 
has been fulfilled, the closest scrutiny of public measures 
is at all times necessary. But, although not disposed to 
censure, I will not imitate the example of some of those 
who have preceded me in the debate : and it will be my 
effort to avoid all reference to the conduct of individuals, 
except so far as may be necessary to explain the course of 
events, and to exculpate this body from unmerited impu- 
tations. 

"The subject of the colonial trade, involving in itself 
many opposing interests, has been rendered still more 
complicated by the various legislative measures, orders, 
and proclamations, which have, from time to time, been 
adopted by the respective governments. To review these 
acts, and trace, from the extensive diplomatic correspon- 
dence between the two governments, the rise, history, and 
present state, of the existing dilfeiences, is no easy task. 
This, however, I will attempt to do, in the plainest man- 



MARTIN VAN BUREN. 241 

ner, and fewest words. I avail myself of the present mo- 
ment to do so, for the purpose of aflbrding to the worthy- 
chairman of the committee on commerce, an opportunity 
to correct, in his closing remarks, any errors into which I 
may have fallen. For, wiiileitis my object to present an 
impartial vieAV of the subject, uniniluenced by any other 
motive than a regard for the interest and honor of our 
country, it would be the source of unmingled regret, if, 
mistaking error for truth, it shall be my misfortune to do 
injustice to others. To foster the infant navigation of the 
United States, and countervail the regulations of other 
commercial nations, laws were passed, at an early period 
of the government, imposing a duty of ninety-four cents 
per ton on foreign ships and vessels, and ten per centum 
on the amount of duty on the merchandise, tlierein im- 
ported, which should arrive in the United States; from 
wliich duties the American vessels and cargoes were ex- 
empted.* By the act of Congress of March 1815, a new 
and more liberal policy Avas covnmenced. The discrimi- 
nating duties on foreign ships and vessels were condition- 
ally repealed: and a tender was made to all other nations 
to extend to their vessels the privileges enjoyed by their 
own, on the condition that the same concessions should be 
made in favor of the vessels of the United States. The 
principle of this act w^as adopted in the commercial con- 
vention Avith Great Britain, of July 3 1815, but was lim- 
ited, in its application, to the trade between the United 
States and the British possessions in Europe. It was at 
that time proposed by the government of the United States 
to extend the principle to the trade between the United 
States and the British American colonies. But Great 
Britain, claiming the right of pursuing a policy, in relation 
to their colonies, different from that by Avhich the trade 
between her European possessions and other nations was 
governed, declined tJie overture. With regard to this 
trade, therefore, each party preserved their original rights. 
By the operation of this convention, and the ordinary navi- 
gation laws of Great Britain, the United States were in 
effect excluded from all j)articipation in the British West 
India trade ; and British vessels became the sole carriers 
of the productions of the American soil, to colonies, to 
whose prosperitv, if not existence, these productions were 



■■ Hence called discriminating duties. 
12 



242 THE LIFE OF 

indispenscibie. A condition so unequal, demanded tlie in- 
terposition of our governnienl. Successive, but fruitless 
appeals were made to the interests of C4reat Britain: and 
the most favorable terms which could be obtained, so late 
as March 1S17, was a projjosition to extend to the United 
States the B"'ree Port Act, allowing the importation of cer- 
tain enumerated articles, into certain enumerated ports, in 
vessels of one deck; to authorise a restricted admission of 
our vessels into Bermudas and Turks Island ; and to con- 
nect with these an article regulating the intercourse be- 
tween the United States and the British territories adjoin- 
ing them. After mature deliberation, this proposition 
was declined by our government. Negotiation having 
failed in procuring any favorable relaxation of the colonial 
system of Great Britain, Congress deemed it necessary to 
enforce, by countervailing legislative enactments, a just 
participation in the trade ; and in 1818 an act was passed, 
by which the ports of the United States were closed 
against British vessels coming from colonial ports, which, 
by the ordinary laws of navigation, were closed against 
vessels of the United States. A non-intercourse in 
British vessels was thus established with the closed ports 
Soon after the passing of this act, an opportunity again 
occurred of presenting this subject totlie attention of the 
British government, in the negotiation for the renewal of 
the commercial convention of 1815. But, although pre- 
positions were exchanged by the respective governments, 
the terms still offered by Great Britain were such as our 
government did not deem it proper to accept ; and in 
May 1820, an act Avas passed, supplementary to the 
Navigation Act of 1818, closing the ports of the United 
Slates against British vessels coming from any British 
colonial ports in the West Indies, Lower Canada, &c. and 
interdicting the landing of the productions of the United 
States, exported in British vessels, in the prohibited 
places, as well as the introduction into the United States 
of the goods, Avares, and merchandise, of these colonies, 
except Avholly of the groAvth or produce of the colony 
Avhence laden and Avhence directly imported. To pre- 
vent or mitigate the effect of these measures upon the 
trade and prosperity of the colonies, partial relaxations 
of her colonial system Avere at times permitted by Great 
Britain. But these temporary relaxations Avere not of a 
character to justify the abandonment of the ground Avhich 
we had taken. To evince, hoAA'ever, our willingness to 
terminate a system of exclusion and prohibition, which 



MARTIN VAN BUREN. 243 

could only be injurious to both parties, Congress, by act 
of 6tli May 1822. authorized the President, on being satis- 
fied that the British West India Islands or colonies were 
open to the vessels of ijie United States, to open the ports 
of the United States to the vessels of Great Britain, under 
such 'reciprocal rules and restrictions' as the President 
might make and publish. The act of Parliament, of 24th 
June 1S22, followed. By this act Great Britain opened 
the colonial ports, therein designated, to the admission 
of certain enumerated articles, direct from the producing 
country; and authorised the exportation of any article of 
the growth, produce, or manufacture, of the British do- 
minions, or any article legally imported into the said 
ports, (arms and naval stores excepted,) on the condition 
that they should, in foreia'u ships, be exportable only di- 
rect to the country to which the vessel belonged. The 
loth section empowers the King to prohibit trade and in- 
tercourse with any country, or island, in America, or the 
West Indies, if it should appear that the privileges grant- 
ed by the act to foreign ships and vessels, were not al- 
lowed to British vessels. The anticipated contingency 
having arrived, which required the exercise of the power 
with which the President had been entrusted by the act 
of Congress, of May 1822, he issued his proclamation in 
August, 1822, declaring the ports of the United States to 
be open to British vessels, under such rules and restric- 
tions as were deemed reciprocal. The discriminating du- 
ties between American and foreign vessels, were not 
rescinded by the proclamation. Of this, the British 
government complained, alleging that similar privileges 
were not conferred, by the proclamation, on British ves- 
sels, as had been conferred on American vessels, by the 
act of Parliament. On the other hand, it was contended 
by our government, that the privileges granted to British 
vessels were more favorable than those conferred on 
American vessels engaged in the same trade, on the as- 
sumption that our discriminating duties were to be con- 
tinued. This question gave rise to an extended corres- 
pondence between the appropriate public functionaries of 
the two governments. It is not necessary, nor is it my 
intention, to examine minutely the grounds of these op- 
posite opinions. * * * 

"Such, in substance, were the points of collision between 
the two governments, upon the British act of June 1822. 
Subsequent changes have rendered a critical examination 
of the justice of the respective pretensions unnecessary. 



244 THE LIFE OF 

The correspondence which ensued produced no decisive 
result. Although Great Britain still alleged the inequali- 
ty of the privileges enjoyed by British vessels in Ameri- 
can ports, the power to prohibit intercourse with the West 
India islands, in pursuance of the act of Parliament of 
June 1822, remained, for some time, unexercised. On 
the 1st of March 1823, Congress passed an act suspending 
the non-intercourse acts of ISIS and 1820, and opening 
our ports to British vessels engaged in the colonial trade, 
on certain specified conditions. One of the conditions 
was, that, if the President should receive satisfactory evi- 
dence that no higher or other duties were imposed, in the 
British colonial ports, upon American vessels, or cargoes, 
than upon British vessels, and upon their cargoes, import- 
ed from elsewhere into the same, to discontinue our dis- 
criminating or alien duties in favor of British vessels. 
This act was in accordance with the ground maintained 
by our government in their correspondence Avith Great 
Britain since the year 1S17. It adopts the principle that 
the reciprocity of burdens and exemptions should extend 
to the cargo as well as to the vessel; and claims for our 
produce, imported into the British colonies, the privileges 
allowed to the produce of the mother country, or its colo- 
nies. This claim was resisted by Great Britain, as whol- 
ly inadmissible ; and, in the same year, an order in Coun- 
cil was enforced, imposing countervailing duties on 
American vessels, arriving at her colonial possessions, of 
precisely equal amount to those imposed in our ports, up- 
on British vessels arriving from the colonies. In 1824, 
there at length appeared some ground to anticipate the 
speedy termination of these conflicting views. Negotia- 
tions were commenced, jiropositions of the respective 
governments were interchanged, and the claims of both 
were supported with ability and zeal. But, although the 
differences were reduced to a single point, the negotiation 
terminated without eflecting the desired adjustment. Be- 
ing limited by his instructions, the American Minister 
insisted that the productions of the United States imported 
into the colonics, should not be subjected to a higher duty 
or impost than those arriving from any other place. The 
British government were willing to place them on the 
footing of the most favored nation ; but inflexibly main' 
tained their uniformly asserted right to encourage, by dis- 
criminating imposts, the growth and importation of their 
own productions. 

" It is not necessary to recapitulate the reasons which 



MARTIN VAN BUREN. 245 

were urged by the respective parties, and with which 
every Senator must be familiar. But it is important to 
keep in mind, that the failure of the negotiation arose 
from our government having at that time, adhered to 
terms, which it has since abandoned. In the instructions 
from the Department of State to oar Minister in London, 
(Mr. Gallatin,) dated June 19 1826, Ave find the follow- 
ing : ' You will observe, that the instructions now given 
respecting the colonial trade, amount to an authority, on 
the part of this government, to you, to agree in substance 
to the modification of Mr. Rush's proposal, which was 
required ( in 1824] by the British Plenipotentiaries.' In 
July 1S24, the British tender was made : nearly two 
years elapse ; and, in 1S26, this tender is accepted ! Near- 
ly two years consumed in the consideration of that which 
ought not to have required as many months. Well might 
it have been supposed that this proffer was rejected: for 
surely the annals of no country can exhibit so lingering 
an acceptance. But this acceptance, coming thus slow, 
unfortunately came too late. Before its arrival, the policy 
or the inclination of the British government had changed ; 
and, instead of a cordial reception, our Minister was in- 
formed that negotiation was now unnecessary ; and that 
the only terms of intercourse were prescribed by the acts 
of Parliament. In this, as well as in concerns of less 
magnitude, it may be seen that whatever is determined 
to be done, should be done at once; that deliberation, if it 
supply the place of action, is not less fatal than precipita- 
tion ; and that, to hesitate in the acceptance of a proffered 
and desired benefit, and permit occasions to pass away, 
which can never be recalled, partake of the character of 
weakness, and detract from the reputation of any man, 
whether in the cabinet or in the field. Sir, it is well 
known to our C4overnment, that, in 1825, acts were passed 
by the British Government, opening her ports to foreign 
vessels, coming from any foreign country, upon equal 
terms with her own; on the condition that the country 
engaging in such trade, and having colonies, should allow 
British vessels to trade with its colonies, on similar 
terms; and that a country, having no colonial possessions, 
should, to entitle itself to the privileges of those acts, place 
the trade between the British colonies and such country, 
on the terms of the most favored nation. The King was 
at the same time authorised to close the British colonial 
ports against the vessels of any power which should refuse 
or omit to avail itself of the proffered conditions. Nol 
21' 



246 THE LIFE OF 

only were these acts in the possession of the Executive ; 
they were presented to your committee, and laid upon our 
tables. And yet, what was the course pursued by that 
Department ol" our Government, to which these concerns 
were specially confided ? Were legislative measures re- 
commended either to suspend or remove the existing 
restrictions, or to meet, in any way, the legislative mea- 
sures of Great Britain? Not at all. We Iind the adminis- 
tration, on the contrary, still hesitating, still delaying, 
and still placing their dependence on renewed negotia- 
tion. In their view, legislation was improper ; and one 
entire session of Congress thus passed away, and nothing 
was either done or attempted under their recommenda- 
tion. An effort, it is true, was made by a member of this 
body. But the l)i!l introduced by the Senator from Mary- 
land, and which, had it passed, would at least have mani- 
fested a conciliatory spirit, and, in all probability, have 
led loan honorable adjustment of the pending controver- 
sy, was permitted to fail. The cause of its failure, it will 
hereafter be my object to disclose. Interesting as tliat 
may be, the consequences attending it are of more im- 
portance to our country. Apprised of our refusal to 
modify the existing restrictions upon the trade, or reci- 
procate the provisions ot the acts of Parliament, the British 
Government, by an Order in Council of July 1S26, closed 
the ports of the West Indies against the vessels of the 
United States ; and since last December, the subjects of 
Great Britain have enjoyed the exclusive monopoly of 
this advantageous intercourse. To this has been added 
the intimation, that no measure will be taken to remove 
the interdict, while the act of Congress of 1S23 shall re- 
main in force. * * * 

" Such, sir, is the history and present condition of the 
existing controversy with Great Biitain, which requires, 
it is said, the enactment of the bill under consideration. 
The following are some of the deductions which seem to 
follow, irresistibly, from the view which has been taken, 
viz : 1st. That, had it not been for the principle assumed 
in the act of Congress of 1823, which claims for our trade 
the same immunities as are allowed to the trade between 
the colonies and the mother country, an honorable and 
equitable adjustment might have been effected under the 
British act of June 1822, opening the colonial ports to 
American vessels. 2dly. That the principle of the act 
of Congress, of 1823, to which I have already referred, and 
which, until recently, was alleged to be an insuperable 



MARTIN VAN BUREN. 247 

obstacle to the acceptance of the British proposal, has 
now been formally abandoned by our Government. 
3dly. That, in 1821, the same terms were oflored by the 
British Government, which, in 1826, Mr. Gallatin was 
instructed to accept. 4thly. That the British acts of 
June and July 1825, opened the colonial ports to our 
trade, on the terms proposed by the committee in their 
reported bill, as the condition for the revival of the trade, 
and of the equity of which there can, therefore, be no dif- 
ference of opinion : and, 5thly, that, if these terms had 
been reciprocated by the passage of the bill, which was 
presented to the Senate by the Senator from Maryland, 
at the last session, we should be now participating in the 
advantages of tliis intercourse. * * * 

"Mr. President: In the review which I have taken of 
the origin and history of our commercial difference with 
Great Britain, I have endeavored to direct your attention 
to the acts as well as to the omissions of our government. 
It remains to consider what is proper to be done, to reme- 
dy the one and supply the other. 

'-^,"In the prosecution of this inquiry, it is not necessary, 
I am sure, to urge upon this Senate, the adoption of those 
measures only which are demanded by the honor and in- 
terests of our country, and the exclusion from our councils 
of every consideration less worthy of our regard. The 
humiliating spectacle of a foreign and adverse govern- 
ment, speculating upon the advantages which it may de- 
rive from our dissensions, will, I fervently Iiust, never 
again be the reproach of the American jieopie. In a 
government like ours, founded upon freedom in thought 
and action, imposing no unnecessary restraints, and call- 
ing into exercise the highest energies of the mind, occa- 
sional differences of opinion arc not only to be expected, 
but to be desired. They rouse the sluggish to exertion, 
give increased energy to the most active intellect, excite 
a salutary vigilance over our public functionaries, and 
prevent that apathy which has proved the ruin of repub- 
lics. Like the electric spark, they dispel from the politi- 
cal atmosphere the latent causes of disease and death. 
But these conflicting opinions should be confined to sub- 
jects which concern ourselves. In the collisions which 
may arise between the United States and a foreign pow- 
er, it is our duty to present an unbroken front ; domestic 
differences, if they tend to give encouragement to unjust 
pretensions, should be extinguished or deferred; and the 
cause of our government must be considered as the cause 
of our countrv. 



^48 THE LIFE OF 

"The bill reported by the committee directs, that, after 
the 30th of September next, our ports shall be closed 
against any vessel coming by sea from the enumerated 
British ports: but provides that the act shall not take 
effect, if, before ihat period, the President shall receive 
satisfactory information that the enumerated Biitish ports 
are open to the admission of our vessels upon certain spe- 
cified terms, being, in substance, the same proposed by 
the British acts of June and July 1825. The substitute, 
proposed as an amendment by the Senator from Maryland, 
removes the discriminating duties, after the 3Jst of De- 
cember, and suspends the acts of 1823, 1820, and 1818, 
until the same period, except so much thereof as imposes 
discriminating duties on the tonnage of foreign vessels 
and their cargoes. The bill, as reported, prescribes the 
consequences which would attend the failure on the part 
of the British Government to comply, in the time limited, 
with the terms proposed. The amendment leaves the 
consequences to the operation of the acts referred to, by 
which our ports will be closed whenever the President 
shall, by proclamation, announce, after the 31st of De- 
cember next, that the British ports are closed against ves- 
sels of the United States, in the presumption that, at that 
time. Congress, being in session, will adopt such further 
measures as the existing state of things may require. The 
merits of the bill reported are supposed, by its advocates, 
to consist in the greater energy of its provisions ; those of 
the amendment, in being equally efficient, and more con- 
ciliatory in its form. Without material alteration, I shall 
not be satisfied with either: but, as a basis to act on, 1 
prefer the amendment. The bill assumes to be what it is 
not. If the honor and interest of the country required the 
adoption of a measure of retaliation, corresponding with 
that to which it is to be opposed, the bill should direct 
that the ports of the United States should be closed against 
British vessels engaged in this trade. But if, from what 
has been done or omitted, this step is not thought to be 
expedient, (a question virhich I am not now disposed to 
press,) the measure which we may adopt should be as con- 
ciliatory as is consistent with self-respect. The amend- 
ment proposes to do now, what it was expedient to have 
done at the last session. It proposes to remove the ground 
of collision by abolishing the alien and discriminating du- 
ties. But, in consequence of the change produced by the 
British interdict, the operation of the amendment is de- 
ferred to a day sufficiently distant to enable the British 



MARTIN VAN BUREN. 249 

Government to revoke its Order in Council, and meet the 
terms of the amendment by reciprocal provisions. With 
two modifications, the amendment shall receive my sup- 
port. I object to the time when it is to go into operation, 
and I prefer that it should carry on its face the terms on 
which alone the intercourse can be revived. Should the 
Senate concur in the amendment, by which the act will 
take effect, before the next session of Congress, I shall 
propose a section to that effect. The aniendment, as now 
offered, will present no inducement to Great Britain for 
the removal of her interdict, until a distant day. This 
objection, however, may, in part, be obviated by a pro- 
vision, authorizing the President, by proclamation, to re- 
move the discriminating duties at any intermediate time. 
But my objection to the day arises from a higher consider- 
ation. Our acts should be firm ; and, however mild and 
conciliatory, should exhibit neither fickleness nor irresolu- 
tion. If, retracing our steps, we abandon the principle 
which alone prevented an amicable adjustment in 1S24, 
the act announcing the fact should also proclaim our un- 
alterable determination, should our views not be met in a 
conciliatory spirit, to accept of nothing less than that 
which justice demands. We have to contend with an 
adversary deeply versed in the arts of diplomacy, and 
every way competent to discern the intentions of those 
whose interests may come in competition with their own. 
By deferring the operation of the act until Congress again 
meet, you will awaken some doubt of your ultimate in- 
tention, and perhaps a hope may arise that you are not 
now prepared to renounce a trade, in which you are not 
permitted to participate on equitable terms. With such 
an alternative before us, there is no one in this Senate — I 
trust there is no one in this nation— who would hesitate 
one moment in his choice. In giving utterance to this 
universal sentiment, let your act be explicit, and your de- 
termination final. Leave nothing to be accomplished by 
a future Congress, and, in the act which you may pass, 
present to the British Government your ultimatum, in the 
terms which she has herself proposed. In this, there will 
neither be menace nor an offensive display. It is pre- 
cisely the course which she pursued, when the situation 
of parties was reversed. If it be the intention of Great 
Britain to place this trade upon the footing of just reci- 
procity, she will not be moved from her purpose by mere 
questions of form. But if, influenced by any change in 



250 LIFE OF MARTIN VAN BUREN. 

her views or policy, she is resolved to reject our liberal 
propositions, no phraseology, however courteous, will pro- 
duce a different determination. Be this determination 
what it may, we shall have performed our duty, and may 
rely upon the support of the American people-" 



CHAPTER XV 



Opposition of Mr. Van Burenlo the Panama Mission. 
Extract from one of his speeches on that question. 

In March 1826, the great question of sending 
ministers to the Congress at Panama came up for 
discussion, and drew forth the ablest efforts of the 
ablest members of the Senate. The administra- 
tion of Mr. Jolm Quincy Adams had hitherto expe- 
rienced no regular opposition from the North ; the 
leading republicans in that section, were willing to 
judge it by its merits, and the first alarming indica- 
tion of a disposition to depart from the cardinal 
principles of the constitution, was, in the nomina- 
tion of ministers to represent the United States in 
the Congress of South American plenipotentiaries 
at Panama. 

In December' 1824, Bolivar, as commander in 
chief of the republic of Peru, invited the govern- 
ments of Colombia, Mexico, Chih and Buenos 
Ayres, to unite with his own government, in a Con- 
gress of plenipotentiaries at Panama ; and the pro- 
posal was acceded to by these states with the ex- 



252 THE LIFE OF 

ception of Buenos Ayres. The time of meeting, 
proposed, was the fall of 1825, and the ministers 
of Colombia and Mexico, residing at Washington, 
in the spring preceding, mtimated a wish that the 
United States should send delegates to the same 
Congress, In compliance with this invitation, Mr. 
Adams on the 25th of December, nominated Messrs. 
Richard C. Anderson, John Sargeant and Wm. B. 
Rochester, as delegates to the Congress at Pana- 
ma. When the nomination was presented to the 
Senate, that body took into consideration, not only 
the suitableness of the nomination, but the expedi- 
ency of the embassy, and on the 16th of January, 
following, the committee of foreign relations re- 
ported that it was inexpedient to send ministers to 
Panama. The debate was carried on, with closed 
doors, until Februrary 15th 1826, when, on motion 
of Mr. Van Buren, it was resolved that in the dis- 
cusion of the question, the Senate ought to act with 
open doors, unless the pubhcation of documents re- 
ferred to in the debate, would prejudice the pending 
negotiations ; and the President was requested to 
inform the Senate whether such was the fact, and 
if so, what documents ought not to be pubhshed. 
The substance of the President's answer was, that 
the communications by him to the Senate, were 
made in confidence, and the motion of Mr. Van 
Buren failed. 

On the 14th of March, Mr. Van Buren sub- 
mitted several other resolutions, the substance of 
which was, that the constitution of the United 
States did not authorize the nomination, by the 
President, of ministers to an assembly like that 



MARTIN VAN BUREN. 253 

proposed at Panama ; and that, waiving the con- 
stitutional objection, the proposed embassy was in- 
expedient. These resolutions were rejected by 
the Senate and the nominations were severally 
confirmed. It is well known that owing to the 
death of Mr. Anderson, and other causes, the de- 
puted delegates never actually met in the Panama 
Congress. 

Mr. Van Buren met this measure of the admin- 
istration, at every step, with his most vigorous op- 
position. During its discussion, he entered mi- 
nutely into the history of the South American 
states, their actual condition and future prospects ; 
he discussed the probable results of the proposed 
Congress ; he reviewed the negotiations connect- 
ed with it and the communications of the Ex- 
ecutive regarding it ; he examined, much at length, 
the policy of our own government with respect 
to alliances with foreign nations, and discussed, 
with singular felicity of argument and illustration, 
the principles which should control our inter- 
course with foreign powers ; he showed in what 
instances, hitherto, those prmciples had been vio- 
lated, and the fatal consequences which flowed 
from every violation; he embraced, in short, a di- 
plomatic history of the United States, and threw 
the full light of history, experience and argu- 
ment upon the question then pending. From one 
of his speeches on this important subject, the fol- 
lowing extracts are taken. They are fraught with 
rich political information, and characterized by 
tiiose profound political views which appcEur in all 
22 



254 THE LIFE OP 

his discussions of important matters. It would 
be difficult to find, within the same narrow com- 
pass, more political truth, richer historical facts, 
or more just views of the true nature and policy 
of our government. 

" I will now, Mr. President, call the attention of the 
Senate to another vicAv of this subject, to a question of 
the gravest character, and most deeply affecting the dear- 
est interest of the country — a question growing out of 
considerations which have heretofore occupied the best 
minds, and interested the purest hearts our country has 
produced : ' Would it be wise in us to change our 

ESTABLISHED POLICY UPON THE SUBJECT OF POLITICAL CON- 
NECTIONS WITH FOREIGN STATES?' The President has said, 
that, ' to form alliances,' is not among the motives of our 
attendance at the Congress. But what description of al- 
liance does he mean? They are of various kinds, and of 
different extent. We are, at that Congress, to stipulate in 
some form, (and I care not in what,) that we will resist 
any attempt at colonization, by the Powers of Europe, in 
this hemisphere, (or within our own borders if you please,) 
and that, in the event of any interference on their part, in 
the struggle between Spain and the Spanish American 
states, we will make common cause with the latter in re- 
sisting it. To this end we have been invited, and upon 
these points we have promised that our ministers shall 
have Jull po-wcrs. We must do this, or the whole affair 
becomes empty pageantry ; which, though it may be the 
offspring of personal ambition, will assuredly terminate in 
national disgrace. Call it an ' alliance,' or Avhalever 
name you please, it is a political connection^ at war with 
the established policy of our government. And is this 
a light matter? Sir, when it is proposed to subvert a 
fundamental principle in our foreign policy, in the sup- 
port of which we stand alone among all the nations of 
the earth — which, commencing with our government, is 
endeared to the people, and upon whose deep foundations 
has been erected the magnificent superstructure of une- 
qualled na'tional prosperity — it surely becomes those en- 
trusted with the management of affairs, to pause, and 
weigh, with scrupulous exactness, the importance of the 
step. 



MARTIN VAN BUREN. 255 

" In the discussion of this subject, I shall first consider 
the general principle; then the grounds of the distinction 
attempted to be made between its application to the 
Spanish American states, and to those of Europe. At 
this moment the United States, (thanks to the ■wisdom of 
their early counsels!) are unfettered. No government 
has a right to demand our aid or interference in any of 
the changes in the condition of the world — come Avhat 
may, we are now unembarrased in our choice. Until late- 
ly, I had flattered myself that the acknowledged obligation 
on the part of our government to maintain that condition, 
was as firmly fixed as its republican character. I had 
the best reason to think so, because I knew it to be a prin- 
ciple in our public policy, Avhich had for its support all 
that is instructive in experience, all that is venerable in 
authority. That authority is no less than the parting ad- 
monitions of the Father of his Countiy. The earnest, 
eloquent, and impressive appeals upon this subject, con- 
tained in his Farewell Address, are yet, and will, I trust, 
long remain, fresh in our recollections ; nor were the sen- 
timents he thus avowed mere speculative opinions, found- 
ed upon an abstract consideration of the subject. No ! 
they were sentiments matured by reflection, and confirm- 
ed by actual experience, of the practical results which 
had arisen from a connection of the character he so ardent- 
ly and so justly deprecated. A reference to the history of 
that period will illustrate the fact, and is replete with in- 
struction. During the Avar of our Revolution, we entered 
into an alliance with France, ' the essential and direct 
end of which was, to maintain eflectually the liberty, sove- 
reignty, and independence, of the United States, ab- 
solute and unlimited, as well in matters of government 
as of commerce.' By the treaty of alliance, we, in con- 
sideration of the guarantee bv France of the freedom and 
independence of the United States, undertook, on our 
part, to guarantee to France the possessions she then had in 
America. The revolution in France involved that coun- 
try in war with the principal powers of Europe. Her 
American possessions were brought in danger; and, 
amon£ other tilings, claimed under the treaty of alliance, 
she called upon us for the fulfilment of our guarantee. 
At no period of our history has our government been pla- 
ced in a more humiliating and embarrassing situation. 
The signal benefits we had received from France were 
known to the world, and fully appreciated by our citizens. 
Upon the terms of the compact there could be no dispute. 



256 THE LIFE OF 

The consideration upon which Ave had entered into it, 
was of the most sacred character. But the danger of 
compliance was imminent, and prevailed over every other 
consideration. Reposing itself upon the great principle of 
self-preservation — a principle, extending itself as well to 
nations as individuals — our government refused to comply 
with its engagement ; and General Washington issued 
his celebrated proclamation of neutrality. The grounds 
relied upon to justify the step were, that our alliance was 
a defensive one only ; that the war, on the part of France, 
was an offensive war, in which we were not obliged, by 
the law of nations, to take part ; that the contest was, 
moreover, so unequal, and our means so inadequate, that, 
upon the principle of self-preservation, we were justified in 
refusing to take part with our ally. It was not expected 
that France would acquiesce in the validity of the grounds 
thus taken. She did not. The loud, solemn protests of 
her Ministers are remembered ; as also, the measures re- 
sorted to for the purpose of obtaining, indirectly, some of 
the advantages claimed from the alliance : such as fitting 
out vessels of war in our ports, and enlisting our citizens 
in her service. England remonstrated, made strong im- 
putations of partiality against our government — imputa- 
tions founded on suspicions growing out of the known 
connexion between us and France — and resorted to simi- 
lar means to annoy her enemies and commit our neutrali- 
ty. General Washington found it impossible to satisfy 
either party of the strict impartiality that governed our 
conduct. The result was war, in fact, with France, and 
many of the evils of war with England. She enforced 
against our commerce new and unjustifiable principles of 
public law on the subject of blockades and articles con- 
traband of war. The sagacious mind of Washington, 
and the great men Avho enjoyed his confidence, traced the 
multiplied embarrassments of the country at that trying 
period, to the treaty of alliance ivith France. * * * 

" At the extra session of Congress, in May 1797, his 
successor, in his message to that body, thus expressed him- 
self: 

Extract from the Message of President Adams to Con- 
gress in 1798. 
" ' Although it is very true, that we ought not to involve 
ourselves in the political system of Europe, but to keep 
ourselves distinct and separate from it, if we can ; yet, to 



MARTIN VAN BUREN. 257 

effect this separation, early, 'punctual, and continual in- 
formation of the current chain of events, and of the 
'political projects in contemplation, is no less necessary 
than if we Avere directly concerned in them. It is neces- 
sary, in order to the discovery of the efforts made to draw 
us into the vortex, in season to make preparations against 
them. However we may consider ourselves, the mari- 
time and commercial powers of the Avorld will consider 
the United States of America, as forming a weight in 
that balance of power in Europe, which never can be 
forgotten or neglected. It would not only be against our 
interest, but it would be doing wrong to one half of Eu- 
rope at least, if we should voluntary throw ourselves into 
either scale. It is a natural policy, for a nation that 
studies to be neutral, to consult with other nations enga- 
ged in the same studies and piirsuits. At the same 
time that measures ought to be puj^stied with this view, 
our treaties with Prussia and Sweden, one of which is ex- 
pired, and the other near expiring, might be renewed.' 

" This communication was followed bv the nomination 
of a minister, (the present President of the United 
States,) to Berlin, to carry into effect the avowed object of 
the mission. This early departure from the principles, 
and disregard of the precepts of Washington, was met by 
the united and most vigorous opposition of the republicans 
of that day. An attempt was first made in the Senate to 
defeat tlie mission, on the ground of its inexpediency. 
That failing, the approprialion was resisted in the House 
of Representatives, in a debate that lasted for several 
weeks. It was the direct cause of the first great collision, 
between the republicans of that day, and the then Presi- 
dent. A singular and extraordinary similarity will be 
found between the question then agitated, and the one 
now under discussion. It was then contended that the 
United States ought to consult with other nations enga- 
ged in the same studies and pursuits, and that measures 
ought to be pursued with that view. Those measures 
Avere understood to be the formation of political connections, 
(beyond the ordinary commercial treaties.) in order to se- 
cure co-operation in support of their common interest ; 
and further, that it belonged to the President to decide on 
the question of the propriety of a mission for that purpose, 
and that the Senate were only to pass on the fitness of 
the persons nominated. What is now contended for, and 
what the policy we resist? That, haA'ing a common in- 

22* 



258 THE LIFE OF 

terest Avith the Spanish American states, Ave ought to 
meet with them in Congress — in the language of the Sec- 
retary of State, speaking in the name of the President, for 
the purpose of ' settling several important questions of 
public law, and arranging other matters of deep interest 
to the American Continent.' What those matters are, 
and how they are to be arranged, has, I hope, been fully 
developed; and further, that Hhis measure is deemed to 
he within the constitutional competency of the Execu- 
tive ; ' that we are only consulted to obtain our opinion 
on its 'expediency,' and because it is necessary to come 
to us for ' an appropriation, without Avhich, the measure 
cannot be carried into eliect.' Yes, sir, the tirst blow that 
was struck in that great contest, which subsequently con- 
vulsed the country, and the first voice that was raised to 
arrest the current of events then setting in, were on points, 
to all substantial purposes, identical with the present. Is 
it not a startling, if not an ominous circumstance, that, so 
soon, under the present administration, we should have 
presented to us, in such bold relief, doctrines and princi- 
ples, which, in the first year of that to which I have re- 
ferred, laid the foundation of the most bitter and unrelent- 
ing feuds ? Does the analogy stop here ? The men 
who then opposed the mission to Berlin Avere denounced 
as oppositionists; as a faction who sought the gratification 
of their personal views, at the expense of the public 
good ; they Avere lampooned, and villified by all the pres- 
ses supporting and supported by the government, and a 
host of irialicious parasites generalled by its patronage. 
Their Aveight of character, the purity of their lives, the 
consistency of their principles, and their force of reasoning, 
Avere alike unavailing. It was sufficient that they dared to 
think for themselves; to prefer Avhat they regarded as the 
interests of their constituents to the Avishes of the Exec- 
utive ; to refuse a ready acquiescence in what was given 
them to do ; and every puny whipster in the land felt 
himself at liberty, without in the least understanding the 
question involved, to misrepresent their acts, and impugn 
their motives. Respect for this body, and a just contempt 
for the venal efforts of venal men, restrains me from push- 
ing the parallel farther. Covering themselves Avith the 
mantle of Washington, the republicans of '98 labored 
manfully to strangle, at its birth, this political hydra, this 
first attempt, since the establishment of the government, 
to subject our political affairs to the terms and conditions 
of a political connection, with any foreign nation. * * 



MARTIN VAN BUREN. 259 

"Their labors shared the fate which, in all probability, 
awaits the exertions of those who, at this day, maintain 
their doctrines. They were outmustered at roll-call. 
They failed, mark it, by a majority oi^ four. The force 
of Executive patronage, aided by a venal press, was too 
strong for them. But of what av^uil was success to their 
adversaries ? A few more such victories, and their ruin 
was complete. The one parly succeeded in the House, 
but the other out of it. The seed then soAvn took root. 
The doctrines of the dominant party, inherently unsound, 
stood rebuked before the power and eloquence of their 
adversaries, and speedily received the condemnation of the 
people ; whilst the opposing principle, the principle for 
which we now contend, was rescued from the attack that 
Avas made upon it, and once more registered among the 
special canons of the American policy. Its advocates 
lived to see it placed upon a footing which they had every 
reason to believe would last, at least, the short period of 
their existence. But how uncertain are all things ! ' Let 
no man boast of to-morrow, for he knoweth not what a 
day may bring forth.' The events of the last month form 
a striking commentary upon the text. It is now twenty- 
eight years since this transaction took place, and there are 
yet two persons on this floor who acted and voted togeth- 
er upon that great question. It has been to me a matter of 
much interest to Avilness their course at this day. Of the 
one I cannot speak, but hope for the best. The senti- 
ments of ^the other (Mr. Macon,) are on record. He is 
yet the same unwavering republican that he Avas in '9S. 
The principle now iuA^olved is the same as then. When 
that is ascertained, he exhibits neither trembling nor hesi-" 
tation. With a mind vigorous, though melloAved by ex- 
perience, firmly relying on the republic, he folloAA's the 
maxims of his early years. The circumstances und'-r 
Avhich I speak restrains me. But this much I Avill say : 
The man Avho has occupied a seat here and in the other 
House, during every administration of the governmentj, 
from the second year of its institution to the present day, 
and Avho has been Avise enough to estimate, at their value^ 
the miserable illusions of Executive faA^or, and who pre- 
fers the approbation of his OAvn conscience to the mere- 
tricious smile of poAver ; Avho can look back upon a life 
thus spent, Avith an entire consciousness that he never, in 
a single instance, postponed the interests of his constitu- 
ents to promote his own : drterA^es to be regarded as a 
monument of fidelity and consistency, alike honorable to 



260 THE LIFE OF 

his state, and beneficial to his country. But to retura to 
the circumstances of that eventful period : The ball of po- 
litical revolution, which was set in motion by the debate 
on the Berlin mission, was pressed rapidly forw^ard by 
successive measures of equally exceptionable character, 
until finally it effected the total overthrow of the party then 
in power, and the elevation of Mr. Jeflersou to the Presi- 
dential chair. The creed of this great Father of our po- 
litical church, was, ' Peace, commerce, and honest friend- 
ship, with all nations ; entangling alliances with none : ' 
In strict conformity to the principle of Washington, ad- 
vising an ' extension of our commercial relations, but as 
little political connection as possible. So far as we have 
already formed engagements, let them be fulfilled with 
perfect good faith; but here let lis stop!'' . During the 
Avhole of Mr. Jefferson's administration, the whole of Mr. 
Madison's, and the first four years of Mr. Monroe's, (with 
a single attempted exception,) the principles avowed by 
the two great founders of the republic were respected, 
and the result was good. The exception to which I allude 
was this : Influenced by that deep solicitude for the wel- 
fare of our Western brethren, which always has, and I 
trust always will, influence the councils of the country, 
the government w^as, in 1803, induced to ofier, through 
Mr. Pinckney, our Minister at Madrid, ' to guaranty to 
the King of Spain, and his successors, his dominions be- 
yond the Mississippi,' if he w^ould sell to the United 
States his possession betw^een that and the rivjif Mobile. 
The desire to obtain the cession, it is well known, grew 
out of the dispute relative to the navigation of the Mis- 
sissippi, and the questions connected therewith. In the 
discussion with our government, in 1S18, relative to the 
cession of the Floridas, Spain brought forward that ofler 
in 1803, claiming that it proposed a guarantee of her terri- 
tory as far as the Isthmus of Panama^ and desiring to 
make it a condition of the cession. The change of cir- 
cumstances sinceproduced in Spanish America, had taught 
her the immense value of the guarantee. Our Minister at 
Madrid, (Mr. Ervine,) denied that such an offer had ever 
been made. Mr. Pinckney 's letter was produced. A con- 
troversy succeeded as to its construction, which resulted in 
an explicit declaration that, under no circumstances, 
would the United States make the guarantee in question. 
The altered state of things had show^n that a stipulation, 
from which no harm was apprehended in 1800, could not, 
in 1818, be listened to for a moment. By sheer good for- 



MARTIN VAN BUREN. 261 

tune we escaped from this entangling connection. What, 
sir, Avould have been the probable consequences, if Spain 
had accepted the guarantee which was claimed to have 
been offered ? Instead of being the great patron of the 
Spanish American cause, we might, at this moment, have 
been engaged in a war, either with Mexico, for attempting 
to fulfil, or with Spain, for violating our guarantee ; and 
yet, with all the lights of experience before our eyes, it is 
desired to hurry us into similar compacts, the consequen- 
ces of which we cannot foresee, but which we well know 
may, by the course of events, compel us either to violate 
our plighted faith, or act against what may hereafter ap- 
pear to be our best interests. 

" Our next attempt to form a foreign connection, other 
than commercial, was the negotiation of treaties of con- 
cert and co-operation with England and the Republic of 
Colombia, on the subject of the Slave Trade. A brief 
sketch of the course and consequences of that ill-judged 
measure, will not be without instruction upon the subject 
before us. From 1794 to 1S08, when the constitutional 
inhibition upon Congress in relation to the slave trade ex- 
pired, a system of wise, and as far as the power of the 
government extended, cITicient legislation, was adopted 
for the suppression of that detestable traffic. From the 
latter period to the year 1819, our legislation assumed a 
wider range, and still more efficient character, until, final- 
ly, the offence was denomiced as piracy, the punishment 
due to that crime prescribed, and the Executive clothed 
with power and means fully adequate to the execution of 
the law and the suppression of the trade ; so far at least 
as our citizens were concerned. The measures then 
adopted, effected the purpose for which they were design- 
ed. They did more. They extorted from England, who, 
next to the United States, has recently been foremost in 
the adoption of means to this end, the unqualified admis- 
sion, not only that the United States had been the first, 
but also the most successful, laborers in the cause of 
humanity. 

" Thus matters stood at the period which I have men- 
tioned. Our government, unfortunately not content with 
well, must seek for better, and the negotiations of which I 
speak were opened. So too with our affairs with the Spa- 
nish American states ; they stand well ; we have done all 
they expected of us, and more than they had a right to 
ask. What we have done has reflected credit upon us, 
and has been serviceable to them. Not content with this 



2G2 THE LIFE OF 

we are hurrying on in the usual course; pariial success is 
leading us to injurious excess. Bui to return: the Presi- 
dent negotiated a treaty with England, yielding, under 
certain modifications, the right of search, and authorizing 
a foreign power to enforce our own laws upon our own 
citizens. I need not state to this body the fate of that ill 
advised project. The treaty was defeated by a vote of 
the Senate. A similar one with the republic of Colom- 
bia shared the same fate ; and, although the vote against 
the English treaty was small, so rapidly did the sentiment 
of opposition to the principle increase, that the rejection 
of the latter treaty, at a subsequent session, was nearly 
unanimous. Who is there now on this floor, that would 
give his vote in favor of a similar measure ? But it seems 
that the light of experience has been shed in vain upon 
this obstinate propensity to figure in the diplomacy neces- 
sarily growing out of foreign connection. The results of 
the particular measures now referred to, were, as we all 
remember, contention at home, and dissatisfaction abroad ; 
a correspondence, with England, of not the most friendly 
character, in which long explanations Avere made neces- 
sary, of the character of our government, to satisfy other 
powers that the President was not responsible for the ac^ 
of the Senate. Explanations were made with great abili- 
ty by the then Secretary of State, and subsequently en- 
forced Avith equal ability by the present Secretary. The 
matter was understood here, and perhaps by the govern- 
ments to whom those explanations were made ; but, to a 
great part of the Avorld, it appeared that the zeal of the 
United States for the suppression of the slave trade, had 
abated. The high character we had acquired for our early 
and unceasing labors in that great cause, Avas not indeed 
destroyed : for that could not be easily effected ; but our 
motives Avere exposed to niisconstruclion, and are now 
misrepresented by those who do not understand the struc- 
ture of our government. Such, sir, Avas the consequence 
of this tliird atten:ipt to surrender the control of our con- 
duct, in the support of our rights, or the discharge of our 
duties, to foreign association : such the penalty of disre- 
garding the AA'arning voice of Washington — ' neA^er aban- 
don our own to stand on foreign ground.' Such are 
among the least evils that haA'e, sooner or later, in a great- 
er or less degree, been the consequence of political con- 
nections betAveen different nations, at all times, and in all 
places. Permit me to refer the Senate to a transaction of 
the same character between other states. In 1815, the 



MARTIN VAN BUREN. 263 

Pienipotentiaries from the five great European Powers, 
viz: England, France, Russia, Prussia, and Austria, con- 
vened at Vienna, declared to the world that they Avould 
unite their means for the effectual suppression of the slave 
trade. The settlement of those means was deferred to a 
future period. At the conference of the plenipotentiaries 
of the same powers, in 181S, at Aix la Chapelle, an at- 
tempt was made to agree upon the ineans necessary to 
effect their declared ohject. Then occurred, what always 
will occur, except in cases of great emergency — like the 
recent coalitions among the powers of Europe against that 
of Napoleon, Avhen the very existence of several of the al- 
lied powers was involved — the difficulty of agreeing upon 
the terms of co-operation among nations having different 
interests, feelings, prejudices, and views. England pro- 
posed the extension of the right of search, as the only 
means adapted to the end. Negotiation was commenced 
and continued, until, finally, the uteasure proposed by 
England was refused, or evaded, by all the powers, ani 
the conference dissolved, leaving the celebrated declara- 
tion made at Vienna, unexecuted, and producing naught 
but mutual distrust and dissatisfaction: Thus shewing 
how easy it is for nations to unite in the avowal of a gen- 
eral principle — how diflSiCult to agree upon the means ot 
enforcing it. So will it be with us and our South Ameri- 
can friends and neighbors. There may be little difficulty 
in uniting in avowing as a principle, that these continents 
arc no longer fit subjects for European colonization, or to 
})rotest against the interference of Europe in the affairs of 
Spanish America. But the moment Ave proceed to stipu- 
late as to the 9Hean.5 of enforcing it. difficulties will occur 
that, in all human probability, will impair the friendly re- 
lations now existing between us. They will occur first in 
the negotiation, and, if these are surmounted, certainly iu 
the application of the principles established, when the 
time for their application unhappily occurs. 

"But I cannot consent to trespass longer upon the time 
of the Senate in pushing the discussion of this point fur- 
ther, although various considerations, operating against the 
measure, press upon my mind. If it were proposed to form 
a connection with any European power, such as now de- 
signed Avith the Spanish American states, it is hoped and 
believed, that the measure Avould not meet Avith one ap- 
proving voice — shall I say — on this floor ? No, not in the 
country. But it has been supposed that the United States 
ought to pursue a different policy Avith respect to the 



264 THE LIFE OF 

states in this hemisphere. It is tme, Mr. Monroe, in his 
message, makes a distinction of this character, although 
he by no means carries it to the extent proposed. If he 
did, all that the distinction could derive from that cir- 
cumstance, would be, the weight of his opinion, always 
considerable, but never decisive. The question still re- 
curs, is the distinction founded in principle and policy 1 
If it be, it must arise from one of two reasons : either the 
character of the govcrnnients of the Spanish American 
states, or their local situation ; or, perhaps, from both. 
The United Slates have hailed the emancipation of those 
states with satisfaction ; they have our best wishes for the 
perpetuity of their freedom. So far as we could go to aid 
them in the establishment of their independence, without 
endangering the peace, or embarrassing the relation of 
our country, wc have gone. More than that ought not to 
be asked. Nor has it. Sensible of the embarrassments 
which their invitation might produce, they declined to 
proffer it until advised that we desired to receive it. Next 
to being right, it is important to governments, as well as 
individuals, to be consistent. Has the character of these 
governments been the principle upon which we have 
hitherto acted in relation to those states ? It has not. 
Mexico and Brazil were the last to shake off" their depen- 
dence on foreign authority. They were among the first 
whose independence we acknowledged. Mexico was, at 
the period of its acknowledgement, under the dominion of 
the Emperor Iturbide, and Brazil of its Emperor, Don 
Pedro. As a special compliment to the Emperor of Mex- 
ico, we sent, or rather intended to send, to his Cotirt, one 
of the most distinguished men of the nation, (General 
Jackson.) At the court of the Emperor Don Pedro, we 
have our Minister ; whilst in the repuldic of Peru — the 
power with which the first of the treaties, in virtue of 
which the Congress of Panama is to be held, Avas con- 
cluded — we have not yet been represented. Do our prin- 
ciples admit that we should adopt the measures proposed 
with such reference, and u])on such grounds ? What are 
those principles 1 That man is capable of self-govern- 
ment ; that the people of every country should be left to 
the free selection of such form of government as they think 
best adapted to their situation, and to change it as their 
interests, in their own judgments, may seem to require. 
Wherein consists our objection to the Holy Alliance ? 
Because they confederate to maintain governments simi- 
lar to their own, by force of arms, instead of the force of 



MARTIN VAN BUREN. 265 

reason, and the will of the governed. If we, too, con- 
federate to sustain, by the same means, governments simi- 
lar to our own, wherein consists the diflerence, except 
the superiority of our cause? What is their avowed mo- 
tive? Self-preservation, and the peace of Europe. 
What would be ours ? Self-preservation and the ])eace 
of America. I wish to be understood. I detest, as much 
as any man, the principles of the Holy Alliance. I yield 
to no man in my anxious Avishcs for the success of the 
Spanish American states. I will go as far as 1 think any 
American citizen ought to go, to secure to them the bless- 
ings of free government. I commend the solicitude which 
has been manifested by our government upon this subject, 
and have, of course, no desire to discourage it. But I am 
against all alliances, against all armed confederacies, or 
confederacies of any sort. I care not how specious, or 
how disguised; come in what shape they may, I oppose 
them. The slates in question have the power and the 
means, if united and true to their principles, to resist any 
force that Europe can send against them. It is only by 
being recreant to the principles upon which their revolu- 
tion is founded ; by suffering foreign influence to distract 
and divide them ; that their independence can be endan- 
gered. But, happen what may, our course should be left 
to our choice, whenever occasion for acting shall occur. 
If. in the course of events, designs shall be manifested, or 
steps taken in this hemisphere by any foreign power, 
which so far affect our interest or our honor, as to make it 
necessary that we should arm in their defence, it will be 
done : there is no room to doubt it. 

" The decision of that question may safely be left to those 
who come after us. That love of country, and of freedom, 
which now animates our public councils, is not confined 
to us, or likely to become extinct. We require neither 
alliance nor agreement to compel us to perform whatever 
our duty enjoins. Our national character is our best, and 
should be our only pledge. Meanwhile, let us bestow 
upon our neighbors, the young republics of the South, the 
moral aid of a good example. To make that example 
more salutary, let it exhibit our moderation in success, our 
firmness in adversity, our devotion to our country and its 
institutions, and, above all, that sine qua non to the ex- 
istence of our republican government — our fidelity to a 
written Cons'.itulion.''' 
23 



r 



CHAPTER XVI 



Mr. Van Buren's opinions on the constitutionality and 
expediency of appropriations of money by the Gen- 
eral Government for Internal Improvements. 

On the 22d of January 1824, Mr. Van Buren 
called the attention of the Senate to the alarming 
assumption of power, by the General Government, 
in regard to internal improvements ; and after 
stating the differences of opinion which had arisen 
between the Executive and Congress, on several 
occasions, and the conflicting sentiments of differ- 
ent sections of the Union, he proposed sundry 
amendments to the constitution, going to limit and 
define the exercise of this power and secure the 
state sovereignties from encroachments. 

On the 19th of December 1825, he again 
brought forward the same subject, and offered 
two resolutions, one of which declared " that Con- 
gress does not possess the power to make roads 
and canals within the respective states ;" and the 



268 THE LIFE OF 

Other proposed a select committee to prepare an 
amendment to the constitution, " prescribing and 
defining the power Congress shall have over the 
subject of internal improvements, and subjecting 
the same to such restrictions as shall cftectually 
protect the sovereignty of the respective states, 
and secure to them a just distribution of the bene- 
fits resulting from all appropriations made for that 
pui'pose." 

He urged the adoption of these resolutions, the 
object of which was to refer the whole matter to 
the states, on the ground that the power of Con- 
gress to legislate upon the subject had been a con- 
stant source of unpleasant controversy ; that the 
different departments of the government had nev- 
er been of one opinion upon the subject ; that its 
friends entertained different views of its source in 
the constitution, and of its extent and attributes, 
and that the opposition to its exercise would never 
be abandoned. He said an appeal to the states 
had been suggested by Mr. Jefferson, in 1808, and 
further recommended by Mr. Madison and Mr. 
Monroe. 

The progressive encroachments of the federal 
Government upon the rights of the states in this 
particular, were viewed with unceasing anxiety by 
the republican party throughout the country. Mr. 
Jefferson in a letter to Mr, Gooch about this peri- 
od, expressed the most melancholy forebodings. 
"That, at some future day," said he, "which I 
hoped to be very distant, the free principles of our 
government jjiight change with the change of cir- 



MARTIN VAN BUREN. 269 

cumstances, was to be expected. But I certainly 
did not expect that they would not over-live the 
generation which established them." After indulg- 
ing in other similar remarks, and pleading his great 
age as an excuse for not entering upon their de- 
fence, he subjoins : " I will however say one word 
on the subject. The South Carolina resolutions. Van 
Buren's motion, and above all Bailey's propositions, 
show that other states are coming forward on the 
subject ; and better for any one to take the lead 
than Virginia, where opposition is considered as 
common place, and a mere matter of form and 
habit."* 

At every point, these encroachments were re- 
sisted by Mr. Van Buren. On the 21st of April, 
during the same session of Congress, he opposed 
the appropriation for the Louisville canal, and 
said : " the aid of this government can only be af- 
forded to these objects of improvement, in tliree 
ways ; by making a road or canal and assuming 
jurisdiction ; by making a road or canal without 
assuming jurisdiction, leaving it to the states ; or 
by making an appropriation without doing either. 
In his opinion, the General Government had no 
right to do either, and at some future time he 
should offer his reasons in support of this opinion." 

So on the 15th of the following May, on the 
proposal to subscribe to the Dismal Swamp canal, 
Mr Van Buren said : 

* Jefferson's "Works, Vol. IV. p. 4^1. 
23* 



270 THE LIFE OF 

" He would not vote for the bill for he did not believe 
that this government possessed the constitutional power 
to make these canals, or to grant money to make them. 
* * If he believed in the power of the government to 
grant money for this purpose, the present mode would be 
the last one he should think of adopting. If there was 
any grant of money, at all, for this purpose, it should be 
direct. Where aid was granted in the mode now propos- 
ed, abuses would creep in, and in nine cases out of ten, 
deception would be practised. In the state of New York, 
Mr. Van Buren said, they had had lull experience of this, 
in the application for charters for banks ; plausible pre- 
tences were set up that the state w^ould be thereby bene- 
fitted, till these practices became so numerous, that in the 
end, public opinion was decidedly against them, and the 
last Legislature, to their honor, had refused all applica- 
tions of this description. * * As to the question (of 
constitutionality) being settled, he should protest against 
the admission of such a doctrine ; and he should resist to 
all intents and purposes, the idea that the acts of this 
Congress were to bind him and his constituents hereaf- 
ter." 

In the debate on Mr. Foote's resolution, to au- 
thorize the Vice President to call to order for 
words spoken in the Senate, Mr. Van Buren se- 
verely reprehended the loose doctrines of the then 
existing administration in regard to internal im- 
provements, and in a note alludes to his own course 
in the Senate on that interesting question. It is 
as follows : 

" Mr. Van Buren is by no means certain that in this 
respect, he himself, has been altogether without fault. 
At the very first session after he came into the Senate 
the knowledge of the perpetual drain that the Cumber- 
land road was destined to prove upon the public Treas- 
ury, unless some means were taken to prevent it, and a 
sincere desire to go at all times, as far as he could consis- 
tently with the constitution, to aid in the improvement, 
and promote the prosperity of the Western country, had 
induced him, without full examination, to vote for a pro- 



MARTIN VAN BUREN. 271 

vision, authorizing the collection of toll on this road. 
The affair of the Cumberland road, in respect to its refer- 
ence to the constitutional powers of this government is a 
matter entirely siti generis. It was authorized dur- 
ing the administration of Mr. Jefferson and grew out of the 
disposition of the territory of the United iStates through 
which it passed. He has never heard an explantion of 
the subject, (although it has been a matter of constant re- 
ference,) that has been satisfactory to his mind. All that 
he can say is, that if the question were again presented 
to him, he would vote against it; and that his regret for 
having done otherwise, would be greater, had not Mr. 
Monroe, much to his credit, put his veto upon the bill : 
and were it not the only vote in the course of a seven 
year's service, which the most fastidious critic can tor- 
ture into an inconsistency with the principles which Mr. 
Van Buren professed to maintain, and in the justice of 
which he is every day more and more confirmed." 

The course of General Jackson's administration 
has done much to throw light upon this subject, es- 
pecially his famous veto upon the Maysville Road 
bill. Mr. Van Buren was then a member of the 
cabinet, and to use his own language, " gave to the 
measure of which that document was an exposi- 
tion, his active, zealous, and anxious support." 

A condensed view of his sentiments upon the 
whole subject, is contained in the following extract 
from a letter written by him, when candidate for 
the Vice Presidency, to a committee appointed by 
a public meeting, at Shocco Springs, North Caro- 
lina. It is dated m October 1832. 

'•Internal improvements are so diversified in their na- 
ture, and the public agency of the Federal Government 
in their construction, so variable in its cliaracter and de- 
gree, as to render it not a little difficult, to lay down any- 
precise rule that will embrace the whole subject. The 
broadest and best defined division, is that which distin- 
guishes between the direct construction of works of in- 



272 THE LIFE OF 

ternal improvement by the General Government, and pe- 
cuniary assistance given by it to such as are undertaken 
by others. In the former, are included the right to make 
and establish roads and canals within the states, and the as- 
sumption of as much jurisdiction over the territory they 
may occupy, as is necessary to their preservation and use ; 
the latter is restricted to simple grants of money, in aid 
of such works, when made under state authority. 

" The Federal Government does not, in my opinion, 
possess the power first specified; nor can it derive it from 
the assent of the state in which such works were to be 
constructed. The money power, as it is called, is not so 
free from difficulty. Various rules have, from time to 
time, been suggested by those who properly appreciate the 
importance of precision and certainty in the operations 
of the Federal power. But ihey have been so frequently 
infringed upon by the apparently unavoidable action of 
the government, that a final and satisfactory settlement 
of the question has been prevented. The wide difier- 
ence between a definition of the power in question upon 
paper, and its practical application to"the operation of gov- 
ernment, has been sensibly fell by all who have been en- 
trusted with the managment of public affairs. The 
whole subject was reviewed in the President's Maysville 
message. Sincerely believing that the best interests of 
the whole country, the quiet, not to say the stability 
of the Union, and the preservation of that moral force 
which, perhaps, as much as any other, holds it together, 
imperiously required that the destructive course of legisla- 
tion upon'thatsubject,then prevalent,should in someproper 
and constitutional way, be averted, I throughout, gave to 
the measure of which that document w^as an exposition, 
my active, zealous, and anxious support. 

" The opinions declared by the President in the Mays- 
ville, and his succeeding annual messages, as I under- 
stand them, are as follows. 1st. That Congress does not 
possess tlie power to make or establish a road or canal 
Avithin a state, with a right of jurisdiction to the extent I 
have stated ; and that, if it is the wish of the people that 
the construction of such works should be undertaken by 
the Federal Government, a previous amendment of the 
constitution, conferring that power, and defining and 
restricting its exercise, with reference to the sovereignt}'' 
of the state, is indis])ensable. 2d. An intimation of 
his belief that the right to make appropriations in aid of 
such internal improvements of a national character, has 



MARTIN VAN BUREN. 273 

been so generally acted upon,'an(l so long acquiesced in by 
the Federal and state governments, and the constituents 
of each, as to justify its exercise, but that it is nevertheless, 
highly expedient that even such appropriations should, 
with the exception of such as relate to light houses, bea- 
cons, buoys, public piers, and other improvements in the 
harbors and navigable rivers of the United >States, for 
the security and facility of our foreign commerce, lie de- 
ferred, at least until the national debt is paid. 3d. That if 
it is the wish of the people that the agency of the Fed- 
eral Government should be restricted to the appropriation 
of money, and extended in that form in aid of such un- 
dertakings, when carried on by state authority, then the 
occasion, the manner, and the extent of the appropriation, 
should be made the subject of constitutional regulation. 

" In these views I concurred, and I likewise participa- 
ted in the difficulties which were encountered and ex- 
pressed by the President, in adopting the principle which 
concedes to the Federal Government the right to make 
appropriations in aid of works which might be regarded 
as of a national character ; difficulties which arose as 
Avell from the danger of considering mere usage the 
foundation of the right, as from the extreme uncertainty 
of the best rule that had ever been adopted, or that could 
in the absence of a positive constitutional provision, be 
established. The reasons on which these objections 
were founded, are so fully stated in the document refer- 
red to, and have been so extensively promulgated, that it 
is unnecessary for me to repeat theni here. Subsequent 
reflection and experience have confirmed my apprehen- 
sions of the injurious consequences which would flow 
from the resumption of appropriations for internal im- 
provements, with no better rule for the government of 
Congregs than that of which I have spoken: and I do 
not hesitate to express it as my opinion, that the general 
and true interestsof the country would behest consulted by 
withholding them, with the exception Avhich I have al- 
ready referred to, until some constitutional regulation up- 
on the subject has been made. 

" In this avowal, I am certainly not influenced by feel- 
ings of indifference, much less of hostility to internal im- 
provements. As such, they can havR no enemies. I have 
never omitted to give them ail the proper aid in my power ; 
for which by the way, I claim no particular merit, as I 
do not believe there is an honest and sane man in the 
country, who does not wish to see them prosper — buf 



274 LIFE OF MARTIN VAN BURRN. 

their construction, and the manner in which, and the 
means by which they are to be effected, are quite different 
questions. Rather than again expose our legislation to 
all the corrupting influences of those scrambles and com- 
binations in Congress, which have been heretofore wit- 
nessed, and the other affairs of the country, to the injuri- 
ous effects unavoidably resulting from them, it would, in 
my opinion, be infinitely preferable to leave works of the 
character spoken of, and not embraced in the exception 
which has been pointed out, for the present, to the sup- 
ports upon which they have reposed with so much suc- 
cess for the last two years, viz : state efforts and private 
enterprise. If the great body of the people become con- 
vinced that the progress of these works should be accel- 
erated by the federal arm, they will not refuse to come to 
some proper constitutional arrangement upon the subject. 
The supposition that an equitable rule, which pays a 
proper respect to the interest and condition of the differ- 
ent states, could fail to receive, ultimately the constitu- 
tional sanction, Avould be doing injustice to the intelli- 
gence of the country. By such a settlement of the ques- 
tion, our political system, in addition to the other advan- 
tages derived from it, would, in relation to this subject at 
least, be relieved from those dangerous shocks, which 
spring from diversities of opinion upon constitutional 
points of deep interests — and in the mean time, the re- 
sources of the country would be best husbanded by being 
left in the hands of those by whose labor they are pro- 
duced." 

These extracts it will be noticed, go farther 
than the Veto Message upon the Maysville Road, 
and assume the ground afterwards adopted by the 
President, that even for purposes which might be 
deemed of a national character, no appropriations 
ought to be made without a previous amendment 
of the constitution. 



CHAPTER XVII. 



SenLimenls of Mr. Van Burcn with regard to protec- 
tive d'Ules. Voles for tlvi Tariff bill in 1824:, and in 
182S, by instructions from his constituents. Extract 
from his letter to the committee at Shocco Springs. 

It has been stated on the highest authority, that 
" Mr. Van Buren's personal feehngs have been at 
all times adverse to the high tariff policy."* 

His constituents, however, were generally in fa- 
vor of protective duties, and his course in the Sen- 
ate of the United States was strictly in compli- 
ance with their sentiments. Accordingly, we find 
him yielding a silent vote in favor of the tariff of 
1824, and that of 1828. In the latter instance, he 
was guided by the express instructions of tlic Le- 
gislature of New York, 

At a public meeting, held in Albany, on the 10th 
of July 1827, to consider the expediency of co- 
operating in the Ilarrisburgh convention, Mr. Van 

* Mr." Butler's letter to Mr. Garland, March 1835. 



276 THE LIFE OF 

Buren delivered a speech of considerable length 
and great ingenuity. A large part of it was an 
examination of the tariff bill which passed 
the house of Representatives in 1827, but was 
laid on the table in the Senate. 

In the course of this speech, however, Mr. Van 
Buren intimates his serious fears, that the friends of 
protective duties were urging their measures with 
too much eagerness. He also cautions the manu- 
facturers against uniting their fortunes with any 
political adventurer, and predicted, with great ac- 
curacy, the overthrow of the great American sys- 
tem, as it was called. The speech was printed 
and extensively circulated, and contributed in no 
small degree to the formation of juster views with 
respect to the protective system. 

The views of Mr. Van Buren, on the tariff, 
were embraced in his reply to the Shocco springs 
committee, in 1832. The following passages are 
taken from that reply. 

" Although my ofTicial acts in relation to the protective 
system might well he regarded as rendering the avowal 
unnecessary, I think it, nevertheless, proper to say, that I 
believe the establishment of commercial regulations, 
with a vicAv to the encouragement of domestic products, 
to be within the constitutional power of Congress. 
Whilst, however, I entertain this opinion, it has never 
been my wish to see the power in question exercised with 
an oppressive inequality upon any portion of our citizens, 
or for the advantage of one section of the Union at the 
expense of another ; on the contrary, I have at all limes 
believed it to be the sacred duty of those who are intrust- 
ed with the administration of the Federal Government, 
to direct its operations in the manner best calculated to 
distribute as equally as possible, its burdens and bless- 
ings among the several slates and the people. My views 



MARTII^ VAN BUREN. 277 

upon this subject were, several years ago, spread before 
the people of this state, and have since been widely dif- 
fused through the medium of the public press. My ob- 
ject at that time was to invite the attention of my imme- 
diate constituents to a dispassionate consideration of the 
subject in its various bearings ; being well assured that 
such an investigation would bring them to a standard, 
which, from its moderation and justice, would furnish the 
the best guarantee for the true interests of all. If, as has 
been supposed, those views have contributed in any de- 
gree to produce a state of feeling so much to be desir- 
ed, I have reason to be gratified with the result. 

" The approaching, and if the policy of the present 
Executive is allowed to prevail, the certain and speedy 
extinguishment of the national debt, has presented an 
oppori unity for the more equitable adjustment of the ta- 
rifl', which has been already embraced by the adoption of 
a conciliatory measure, the spirit of which will, I doubt 
not, continue to be cherished by all who are not desirous of 
advancing their private interests at the sacrifice of those 
of the public, and who place a just value upon the peace 
and harmony of the Union. 

" The protective system, and its proper adjustment, 
became a subject of frequent and necessary consideration 
whilst I formed a part of the cabinet ; and the manner 
in which the President ])roposed to carry into effect the 
policy in relation to imports, recommended in his 
previous messages, has since been avowed, with that 
frankness which belongs to his character. To this end 
he recommended 'a modification of the tariff, which 
should produce a reduction of the revenue to the wants 
of the government, and an adjustment of the duty upon 
imports, with a view to equal justice in relation to all our 
national interests, and to the counteraction of foreign poli- 
cy, so far as it may be injurious to those interests.' 

"In these sentiments I fully concur; and I have been 
thus explicit in the statement of them, that there may be 
no room for misapprehension as to my own views upon the 
subject. A sincere and faithful application of these 
principles to our legislation, unwarped by private 
interests or political design, a restriction of the wants 
of the government to a simple and economical ad- 
ministration of its affairs — the only administration which 
is consistent with the purity and stability of the republic- 
an system ; a preference in encouragement, given to such 
manufactures as are essential to the national defencCj 
24 



278 THE LIFE OF 

and its extension to others in proportion as tiiey are adapt- 
ed to our country, and of wliich the raw material is pro- 
duced by ourselves, with a proper respect for the rule 
which demands that all taxes should be imposed in 
proportion to the ability and condition of the contributors, 
would, I am convinced, give ultimate satisfaction to a 
vast majority of the people of the United^States, and tend 
to arrest that spirit of discontent, which is now unhappily 
prevalent, and which threatens such extensive injury to 
the institutions of our country." 

It will only be necessary to subjoin the follow- 
ing extracts from the letter of Mr. Benton to Gen- 
eral Davis, to complete the view of Mr. Van Bu- 
ren's sentiments as regards the tariff'. 

"He, (Mr. Van Buren) was the first eminent member 
of Congress, north of the Potomac, to open the war, at 
the right point, upon the tariff of 1828, then undergoing 
the process of incubation through the instrumentality of a 
convention to sit at Harrisburg. His speech at Albany, 
in July 1827, openly characterized that measure as a po- 
litical manoeuvre to influence the impending presidential 
election; and the graphic expression, '■ a measure pro- 
ceeding more from the closet of the folitician than 
from the workshop q/^Ae manufacturer,' so opportunely 
and felicitously used in that speech, soon became the 
opinion of the public, and subsequenty received the im- 
press of verification from the abandonment, and the man- 
ner of abandoning, of the Avhole fabric of the high tariflf 
policy. Failing to carry any body into the Presidential 
chair, its doom pronounced by the election of Jackson 
and Van Buren, it was abandoned, as it had been created, 
upon political calculation ; and expired under difiat em- 
anating, not from the workshop of the manufacturer, 
but from the closet of the politician. True, that Mr. 
Van Buren voted for the tarifl'of 1828, notwithstanding his 
speech of 1S27 ; but, equally true, that he voted under in- 
structions from his state Legislature, and in obedience to 
the great democratic principle {demos., the people, krateo, 
to govern) which has always formed a distinguishing fea- 
ture, and a dividing land-mark, between the two great po- 
litical parties which, under whatsoever name, have al 
ways existed, and ttill exist, in our country. Sitting in 



MARTIN VAN BUREN. 279 

rhe chair next to him at tlie time of that vote, voting as 
he did, and upon the same principle ; interchanging opin- 
ions without reserve, or disguise, it comes within the per- 
ception of my own senses to know,that he felt great repug- 
nance to the provisions of the tariff act of "28, and vo- 
ted for it, as I did, in obedience to a principle which we 
both hold sacred." 



■ 

I 



CHAPTER XVIII. 



Mr. Van Buren's support of a strict construction of the 
constitution, with extracts from his speech on the pow- 
er of the Vice President to call to order, for icords 
spoken in debate, in the Senate. 

No one subject has more widely separated the 
antagonist poUtical parties in the United States, 
than the different principles of construction, ap- 
plied by each, to the Federal Constitution. It has 
been the constant effort of the democratic party, 
to confine the powers of the Federal Government 
to the exact and express limits, fixed by the letter 
of the constitution. The party opposed to them, 
have been equally persevering in their efforts to 
extend the Federal jurisdiction, by resulting, con- 
structive, and implied powers, not warranted by 
the text of the constitution, or contemplated by 
its framers, but flowing, as it is claimed, from cer- 
tain general clauses, of which the purport is not 
specific and definite. The most striking exam- 
ples of the exercise of incidental or implied pow- 
ers, are the incorporation of a bank of the United 
34* 



282 THE LIFE OF 

States, and the expenditure of the public funds for 
internal improvements. No express authority is 
given, in the constitution, for either of these meas- 
ures. But Congress are authorized to receive 
and disburse the public revenue, and are authori- 
zed to make the laws " necessary and proper" for 
this end ; and it has been held that a bank is ne- 
cessary and proper, and hence, that the power to 
create one, may be derived from a liberal construc- 
tion of the specified powers. The constitution 
does not expressly authorize the expenditure of 
the public money for internal improvements ; but 
it is said to be implied in the power to establish 
post-offices and post-roads, or in the power to 
regulate commerce, or in the clause which speaks 
of providing for the general welfare. Upon such 
slight grounds, has been erected, a magnificent 
system, embracing the most important interests of 
the countiy, and involving the exercise of more 
important functions, by the General Government, 
than any which have been expressly granted in 
the constitution. 

In the first place, the power which is given to 
the General Government of imposing duties on im- 
ported articles, has been carried to such an ex- 
tent, under the pretence of fostering domestic in- 
dustry, as to fill the treasury with surplus funds, 
beyond the current expenses of the government. 
In the second place, as part of the same system, 
these funds have been intended to carry on mag- 
nificent roads and canals, in certain parts of the 
Union, the control of which was to be in the 



MARTIN VAN BUREN. 283 

Federal government, and would have involved an 
immense executive patronage. Connected with 
these schemes, was a vast national bank, profes- 
sedly established for national purposes, but princi- 
pally owned by individuals, with branches in every 
part of the Union beyond the control of the state 
governments, and capable of exercising an unlim- 
ited influence over the pecuniary interests of the 
whole community. 

Thus was built up, what was called the " Great 
American System ;" a system devised to promote 
the ambitious views of individuals, based wholly, 
as we have seen, upon distorted constructions of 
the constitution, and sustained, for a time, by ap- 
peals to local or partial interests. This vast 
scheme was fitted to expand the powers of the 
Federal government enormously beyond its con- 
stitutional limits ; so that it must, eventually, have 
swallowed up, as in a vortex, all the interests of 
the confederated states. The legislative depart- 
ment of the government, alloyed by local inter- 
ests, or party prejudice, or individual schemes of 
aggrandizement, was temporarily led into its sup- 
port ; the judiciary department co-operated, with 
the full weight of its character and influence, to 
fasten this gigantic " system" upon the nation. 
The Executive had the shelter of long precedent 
and the force of previous example, to draw it into 
acquiescence ;* but it yielded not. The com- 

* The writer alludes, (with pain,) to the assent of General 
Washington and Mr. Madison, severally, to the charter of the 
United States Bank ; and Mr. Jefferson's acquiescence in the 
project of the Cumberland road. 



284 THE LIFE OF 

mandinff intellect of General Jackson saw the 
alarming danger ; his more than Roman firmness 
encountered it ; the constitution was rescued and 
the country saved. The magnificent schemes of 
national roads and canals, already contemplating 
expenditures to the amount of nearly one hun- 
dred millions of dollars, vanished at his touch ; the 
extravagant system of impost duties, which had 
brought the country to the eve of a civil war, was 
reduced, by his energy, to its proper medium ; 
and finally, the national Bank, the most formi- 
dable engine ever invented to corrupt the principles 
and undermine the liberties of a republic, sunk 
beneath the repeated applications of his eloquent 
denunciations and official power. The great bat- 
tle has been fought between the friends of the 
constitution and the partizans of aristocratic cor- 
ruption. The country now reposes in safety. 
While our present venerable chief magistrate sits 
at the helm of state, neither secret corruption nor 
the formidable threats of coalescing factions, can 
endanger popular rights or invade the constitu- 
tion. But into whose hands, after his withdrawal, 
are these sacred interests to be committed ? What 
are the sentiments of him who may possibly suc- 
ceed to this responsible trust ? Will he abide by 
the letter and spirit of the constitution, or will he 
be led astray, by the fraudulent inventions of 
modern times, and leave the charter of our free- 
dom to the perversions of selfish partizans 1 An 
answer to these questions, so far as Mr. Van Bu- 
ren is concerned, may be found in the following 



MARTIN VAxN BUREN. 286 

extracts. They are from a speech which he de- 
livered in the Senate of the United States, in the 
winter of 1828, on a motion to invest the Vice 
President with power to call to order for words 
spoken in debate ; a power which the advocates 
of a loose construction, pretended to derive by 
implication from the nature of the office. 

In the outset of his remarks, Mr. Van Buren 
expressed his indifference as to the fate of the par- 
ticular proposition before the Senate ; it was the 
source from whence the power of calling to order 
had been claimed for the Vice President, which 
had excited his anxiety. In claiming that power 
by implication, he said, " principles had been ad- 
vanced and earnestly supported, against which he 
felt it to be his duty, at least, to protest. Nay 
more ; such was his repugnance to the doctrines 
he had heard, so deep was his conviction of the 
error in which they were founded, that he could 
not, without being disloyal to the most sacred of 
his official duties, refrain from resisting them." 

He then went into a careful examination of the 
true nature and limits of the power of the Vice 
President, and proceeded to remark on the gen- 
eral doctrine of implied and constructive powers, 
as follows : 



" In every point of view, said Mr. Van Buren, in which 
this subject had presented itself to his mind, it had produced 
but one sentiment, and that was unqualified opposition to 
the prerogative claimed for the chair. Although thi.s 
claim of power is now, for the first time made, the prin- 
ciple in which it originates is as old as the government 
itself. I look upon it, sir, as the legitimate offspring of a 



286 THE LIFE OF 

school of politics, which has, in times past, agitated and 
greatly disturbed this country; of a school, the leading 
principle of which may be traced to that great source of 
the political contentions which have pervaded every 
country where the rights of man were in any degree re- 
spected. I allude, sir, to that collision which seems to be 
inseparable iVom the nature of man, between the rights of 
the few and the many, to those never-ceasing conflicts be- 
tween the advocates of the enlargement and concentra- 
tion of power on the one hand, and its limitation and dis- 
tribution on the other ; conflicts which, in England, crea- 
ted the distinction between Whigs and Tories ; the latter 
striving by all the means within their reach to increase 
the influence and dominion of the throne, at the expense 
of the common people ; and the former to counteract the 
exertions of their adversaries, by abridging that dominion 
and influence for the advancement of the rights and the 
consequent amelioration of the condition of the people. 

"Collisions of opinion and of action of a character simi 
lar in principle have existed, although under difi'erent de- 
nominations, with different limits, and for different ends, 
in most countries, and in an eminent degree in this. In- 
deed the history of the struggles, the contests, the alter- 
nating victories and defeats of these two restless and rival 
principles, is the history of all republican governments, — 
in fact, of all institutions formed for the protection of the 
liberty of conscience and opinion, and the freedom of the 
citizen. No where can its operation be more distinctly 
traced than in our own early history. They were the 
primitive elements, and animating causes of those whig 
and tory parties, which, from the first Congress of 1765, 
down to the glorious peace of 1783, on the one hand la- 
bored unceasingly to consolidate all legislative authority 
over these provinces in the single British parliament, and 
to place all patronage, power, and influence, in the hands 
of the executive and judicial representatives of the Crown; 
and on the other hand, as boldly and perseveringly, but 
happily more successfully, vindicated by reason, elo- 
quence, and finally by arms, the rights of the several 
American states, and the just powers of the immediate 
representatives of the joeop/e. The establishment of our 
independence put an end to these conflicts, in the form 
in which they had before been sustained ; but what its 
effect Avas upon the spirit that produced them, could be 
better judged from an attentive consideration of our sub- 
sequent history. Attempts, said Mr. Van Buren, have 



MARTIN VAN BUREN. 287 

frt'quoutly been made in later days, and recently by the 
highest authority in the government, to trace the origin 
of the two great political parties which have divided the 
country, from the adoption of the constitution to the pres- 
ent day. They have, for motives too obvious to require 
explanation, been attributed to causes which had either 
become obsolete, or been compromised by mutual con- 
cession — such as the early difficulties growing out of our 
relations with Great Britain and France, the expediency 
of a navy, or similar questions. There was one consider- 
ation, he said, that could not fail to arrest the attention of 
the most superficial observer. It was this. If these party- 
divisions have sprung from no other cause than the tem- 
porary circumstances to which they have been attributed, 
why have they so long survived the causes that produced 
them ? That they still exist, and exist in full vigor in a 
great portion of the Union, it would be an insult to our 
observation and understanding to deny. The explana- 
tion of the mystery was to befoiuid, and to be found only, 
in the falsity of the ascription. They arose from other 
and very ditferent causes. They are, in truth, said he, 
mainly to be ascribed to the struggle between the two 
opposing principles that have been in active operation in 
this country from the closing scenes of the revolutionary 
war to the present day — the one seeking to absorb, as far 
as practicable, all power from its legitimate sources, and 
to condense it in a single head ; the other, an antagonist 
principle, laboring as assiduously to resist the encroach- 
ments, and limit the extent of executive authority. The 
former has groicn out of a deep and settled distrust of 
the people and oj the states. It consequently regards ?s 
gain, every thing that can be drawn into the vortex of 
federal power, and as making that power still more safe 
in proportion as it is withdrawn from the popular de- 
partments of the federal government to those that are fur- 
ther removed from the control of public sentiment. The 
antagonist principle has its origin in a jealousy of pow- 
er, justifed. by all hnman experience. It is founded on 
the assumption, that the disposition of man to abuse dele- 
gated authority is inherent and incorrigible ; it therefore 
seeks its only security in the limitation and distribution 
of those trusts which the very existence of government 
requires to be reposed somewhere. Hence, the aversion 
of its supporters to grant more power than is indispensa- 
bly necessary for the objects of society ; and their desire, 
as an additional safeguard, lo place that which is confer- 



288 THE LIFE OF 

red in as many hands as is consistent with efficiency. 
The former is essentially the monarchical, and the latter 
the democralical spirit, of society. He wished not to be 
misunderstood. He used these terms, as more expres- 
sive of his meaning, than any that occurred to him. 
He had no idea that all, or even the great body of those 
who either now, or in times past, had been subject to the 
influence of the first principle, were in favor of the es- 
tablishment of a monarchy in this country, anymore than 
he believed that those who had shown their preference 
for democratical principles were in favor of the establish- 
ment of an absolute democracy — neither side had views 
thus extensive. The forms of both were repudiated, 
while their respective spirits were, to no considerable ex- 
tent, retained. The earlier battles upon this cardinal 
point were fought upon the question of the degree of en- 
ergy ; or in other words, power that ought to be given to 
the Federal Government, at the expense of the states and 
the people. They commenced in the convention of 1787, 
and soon spread through the great body of the people, 
upon the question of ratification. The proceedings of 
that convention were for a long time secret, but are now 
before the public. In them, when taken in connection 
with later events, we read the grounds of our subsequent 
political dissensions, in language so plain, that none but 
those who are wilfully blind can be deceived. There 
were, of course, different degrees, as to individuals; but 
the leading division in the convention was between those 
who, distrustful of the states, sought to abridge their pow- 
ers, that those of the new government might, thereby, be 
enlarged, and those who, on their part, distrustful, per- 
haps jealous of the government about to be created, and 
possessing full confidence in those of the states, were as 
strenuous to retain all powers not indispensably necessa- 
ry to enable the Federal Government to discharge the 
specified and limited duties to be imposed upon it. The 
contest was animated, and, as it is well known, more 
than once threatened a dissolution of the convention, 
without agreeing upon any thing. Necessity, however, 
ultimately compelled a compromise. The terms were 
arranged as well as practicable. The then friends of 
state rights, (the true federalists, but who, by a singular 
misnomer, were immediately after called anti-federal- 
ists, whilst those who had throughout opposed the feder- 
al principle, assumed the then more popular name of fed- 
eralists,) succeeded, or thought thev succeeded, in saving 



MARTIN VAN BUREN. 289 

much ofAvhat ihcy had so earnestlj^ contended for. The 
advocates of what Avas in the language of the day called 
a strong General Government, certainly failed in obtain- 
ing by express grant, or necessary implication, much of 
Avhat they had so long and so ably struggled to acquire 
for the new government. The question of ratification 
came on, and was full of difficulty. The abuses to which 
some of the more general provisions of the constitution 
might be exposed, were pointed out by its opponents. 
The concealed powers of the constitution, which are at 
this day put forth Avith so much confidence, were dis- 
claimed and condemned by those AA^ho advocated the rati- 
fication. No candid and AA^ell-informed man, will for a 
moment pretend that, if the powers noAv claimed for this 
goA'ernment had been avowed at the time, or even had 
not been expressly disclaimed, there Avould have been the 
slightest chance for the adoption of the constitution, by 
the requisite number of the old thirteen states. 

But it was ratijiect, said Mr. V. B., and from the mo- 
ment of its adoption to the present day, the spirit he had 
described, lead been at work to obtain by construction 
what was not included or intended to be included in the 
grant. It Avas far from his intention to urge this as a 
reproach against the actors in those scenes. He was per- 
suaded that the motives of many, if not of all, Avere pure, 
and even patriotic. They believed that the state Gov- 
ernments Avere not safe depositories of poAA'er ; that the 
slates would be able to control, and Avould injuriously 
control the Federal Government, unless it had more 
power than the convention of 1787 Avas Avilling to srrant. 
They thought, anc' one of them AA^ith that ingenuousness 
of feeling Avhich distinguished his noble nature, avoAved 
officially, that the true question Avas, not Avhat the framers 
of the constitution intended, or Avhat those by Avhom it 
Avas ratified understood, but AA'hat Avas the correct con- 
struction of the terms in Avhich it was expressed. This 
great man kncAV AA^ell that the poAver then claimed for the 
government, could be sustained on no other grounds, 
and he AA'as ahvays above disguise. 

I am not, said Mr. V. B., condemning their motives, 
but controverting their opinions. The test that Avas then 
applied to the constitution, has been adjudged erroneous 
and unjust, by the judges in the last resort — the people 
lkcn>sdvcs. The belief, (no doubt honestly entertained 
by many,) ii)at its api)licalion Avas necessary to the suc- 
cess of the scheme and to the welfare of the country, was 
25 



200 THE LIFE OF 

ibuniled in iinpiossions as to the character of the state 
governments, which experience has demonstrated to have 
been unfounded. Many of the most distinguished of 
those who then entertained those opinions, have since 
abandoned them, convinced by the results of that experi- 
ment which lias since been made. Fifty years experi- 
ence of the operation of the state governments, has made 
'assurance doubly sure,' that they richly deserve the 
confidence wiiich the people have ever been inclined to 
bestow on them. Under the broad shield of state laws, 
private rights have been protected, Avhile public prosper- 
ity was promoted. In the darkest hours of war, when the 
General Government was disheartened and enfeebled by 
debt and disaster, its unnerved arm was strengthened, 
and the national honor rescued, by the authority, the pat- 
riotism, and the credit of the states. In peace they have 
not only fulfilled wisely and justly all the great purposes 
of self-government, but several of them have established 
noble systems of public instruction, or have accomplish- 
ed, or are now accomplishing great works of internal im- 
provement, as far surpassing in magnitude and utility 
any similar works of the General Government, as they 
do in wisdom of plan, and economy, and judgment in 
exe(;ution. A general surrender of such upinions, is, 
Iherefure, at this lime, a Iribule Justly due to the re- 
deemed and established character of the state govern- 
ments. But they are not surrendered — on the contrary, 
tluy liave become more and more extravagant, until those 
under whose protection they now are, claim for this gov- 
ernment powers which were in express terms repudiated 
and denounced by the founders of this very school. 

Mr. V. B. said, he would not feel himself at liberty to 
detain the Senate by following the track of the govern- 
ment in its whole extent, and through all its sinuosities, 
to establish his positions, but he could not avoid doing so 
in part. The subject was one of deep interest, of which 
it behooved the American people to be fully informed, 
but w'hich it was to be feared is more frequently spoken 
of than understood. The mass of our citizens are so 
much engrossed in the affairs of their state governments, 
that this great matter is in no inconsiderable degree neg- 
lected. 

" During the administration of General Washington, 
no acts of a strong character took place, save the incor- 
poration of the bank of the United States, that great 
pioneer of constitutional encroachments, together with 



MARTIN VAN BUREN. 201 

I lie princii)les avowed in relation to the treaty-making 
power. The attachment of General Washington to the 
constitution, his consciousness of the difliculty which had 
attended its establishment, and the natural moderation 
of his character, coming in aid of the firm countenance 
maintained by the anti-federalists of that day, kept the 
spirit of encroachment and construction within bounds, 
that, compared with its present character, were reasona- 
ble. But in the administration succeeding that of Gen- 
eral Washington, continuing through the years of 1797, 
'98, '99, it displayed itself in its true and most odious 
character. Its fruits were so bitter, and are so well re- 
membered, that any thing like a minute description of 
them would be an act of supererogation. It was then 
that the monarchical and aristocratical character of the 
spirit he had described, was displayed in unceasing efforts 
to wrest from the states the powers that justly belonged 
to them, to exercise such as had never been conferred, 
and to concentrate, as far as practicable, all authority in 
the hands of the President. 

"Among the usurpations of the day, the alien and se- 
dition laws stand in bold relief, not only as furnishing land- 
marks of the extent to which the presumption and arro- 
gance of power dared to go, but also on account of their 
agency in driving from public confidence those by whom 
they were adopted. The inclination to draw the powers 
of the government to one common focus, has been other- 
wise exemplified in various ways, and at different periods 
of our history. Time would only allow a brief notice of 
one or two of them. 

" The doctrine announced in the discussions on the 
British treaty, that the house of Representatives were 
bound to make all appropriations necessary to carry into 
effect the stipulations of a treaty made by the President 
and Senate, was a striking exemplification of this truth. 
The extent to which this doctrine increases the executive 
power, (in its most enlarged sense,) over the funds of the 
nation, cannot fail to strike the mind at the first blush. 
He did not wish to be understood as saying, or insinua- 
ting, that all who advocated that opinion, were influenced 
by the spirit of which he had spoken. He did not believe 
that such was the case. On the contrary, he was Avell 
satisfied that there were those, on that occasion, as well 
as on that of the incorporation of the Bank ot the United 
States, (and especially him who was at the head of af- 
fairs,) who were sincere friends to the state governments. 



292 THE LIFE OF 

but were led aAvay by the pressure of the times, and gave 
their assent to measures which, under more auspicious 
circumstances, they could not have approved. The prin- 
ciple then avowed was resisted by the republicans of that 
day, on the simple but intelligible grounds, that, so far 
as the treaty stipulation could be carried into effect Avith- 
out the aid of the house of Representatives, its interfer- 
ence would be unauthorized, because, by the constitution, 
the treaty-making power had been conferred on a differ- 
ent department of the government ; but that, whenever 
the action of the house of Representatives, the more im- 
mediate agents of the people, was necessary, it must be 
free to give or withhold its assent, according to its best 
judgment, and upon its own responsibility ; that the con- 
stitution neither declared nor intended, that, in cases 
which might be of the greatest magnitude, it should be a 
mere machine to be worked by the other departments of 
the government. The same disposition to limit the pow- 
ers of the popular branch, was forcibly illustrated in the 
discussions on the ''foreign intercourse biW in 1798. 
It was upon that occasion contended, and successfully 
too, that the house of Representatives had no discretion 
upon the question of appropriation for the expenses of 
such intercourse with foreign nations as the President 
saw fit to establish — that they Avould be justly obnoxious 
to the imputation of gross delinquency, if they hesitated 
to make provision for the salaries of such foreign minis- 
ters as the President, with the assent of the Senate, 
should appoint. What v/ould be the feelings of real and 
unchanged republicans, in relation to such doctrines, at 
this day ? Associated with them was the. bold avowal, 
that it belonged to the President alone to decide upon the 
propriety of the mission, and that all the constitutional 
agency which the Senate could of right have, was to 
pass on the fitness of the individuals selected as minis- 
ters. It was pretensions like these, said Mr. Van Buren, 
aided by unceasing indications, both in the internal and 
external movements of the Government, that produced a 
deep and settled conviction in the public mind, that a de- 
sign had been conceived to change the government from 
its simple and republican form, to one, if not monarchi- 
cal, at least too energetic for the temper of the American 
people — a conviction which beyond all doubt, produced 
the civil revolution of ISOO, and for which no 'oblivious 
antidote' has been yet discovered by those who were 
its victims- By tliat great event, the public sentiment 



i 



MARTIN VAN BUREN. 293 

was improved, our public councils purified, the spirit of 
encroachment severely rebuked, and, it was then hoped, 
extinguished forever. During Mr. Jefferson's adminis- 
tration, and with a single exception, that of Mr. Madison, 
the government was administered upon the principles 
which the framers of the constitution avowed, and Avhich 
their constituents had ratified, and the people once and 
again confirmed. The charter of the bank of the United 
States, Avas, after a hard struggle, suffered to expire ; and 
the conceded and well-understood powers of the govern- 
ment were found amply sufficient to enable it to perform 
the great functions for which it was instituted. During 
a great portion of the time the country was blessed with 
a degree of prosperity and happiness without a parallel in 
the world. At the close of Mr. Madison's administra- 
tion, a new bank was incorporated, and received his re- 
luctant assent. It would be shutting our eyes to the 
truth to deny, or to attempt to conceal the fact, that that 
assent, coming from the quarter that it did, has had a 
most powerful and far from salutary influence on the 
subsequent course of the government. Its author had 
himself, on a former occasion, demonstrated the want of 
power in the Federal Government to incorporate a bank, 
and his assent was now placed on the express ground that 
the recognition of the ^authority of the government in re- 
lation to the old bank, by the state governments and the 
courts, as well as the people, had precluded the question 
of constitutionality. Thus the power in question must 
stand as a successful interpolation upon the text of the 
constitution. This great precursor was again followed 
by other attempts, but of a restricted and qualified charac- 
ter, to extend the same principle to other topics of legis- 
lation. They Avere, however, promptly defeated by Mr. 
Madison, who, upon all points, save the bank of the Uni- 
ted States, preserved inviolate the great principles upon 
which the revolution of ISOO Avas founded, and of Avhich 
his OAA^n report upon the alien and sedition laAA's Avas the 
exposition. For his departure, in that particular, (if a 
departure it Avas,) his reasons have been seen. It is not, 
at this time, my oliicial duty to pass upon their sufficien- 
cy ; and I am AvhoUy unAA'illing to volunteer a denuncia- 
tion of any opinion, deliberately formed, and upon high 
responsibility, by one of the most, if not ^/iti most, accom- 
plished statesmen that our country has produced. Hoav- 
ever individuals might differ as to the correctness of his 
conclusion, all mankind must acquiesce in the purity of 
25* 



294 THE LIFE OF 

the motives which led to its adoption. The political con- 
dition of the country, at the close of the late war, in re- 
ference to old party distinctions, speculation as to the 
future, and the aspirations of individual ambition, accom- 
panied, in many cases, by a sincere desire to promote the 
public good, produced occasional attempts during the ad- 
ministration that followed, to revive in a formless excep- 
tionable, the doctrine which had already been so emphat- 
ically condemned by the people. They Avere, however, 
in a great degree, restrained, and kept down by the resist- 
ance of the revnnant of the faithful, and the qualified op- 
position of Mr. Monroe. 

" But if these attempts, said Mr. V. B., to revive the 
condemned heresies of former times, were not of them- 
selves successful, they served the purpose of giving coun- 
tenance to pretensions on the part of men now in power, 
which out-Herod Herod. The opening scenes of the 
present administration, have not only been the subjects 
of intense interest in their day, but will mark an interest- 
ing era in our future history. They will stand as a 
beacon to succeeding administrations, warning them of 
the point beyond which tlie people will never tolerate 
encroachment upon the great charter of their liberties. 
The present Executive, in his exposition of the constitu- 
tional powers of this government has ^oue far beyond 
the utmost latitude of construction heretofore claimed, as 
if to give point to his extravagant pretensions — to de- 
monstrate that the result of the last election was not only 
the restoration of the men of 17yS, but of the principles 
of that day, we have seen a great portion of the obnoxious 
doctrine then contended for again broadly advanced in 
the assumption, that it was within the ' constitutional 
competency' of the Executive to have sent ministers to 
the Congress of Panama, without the assent of the Sen- 
ate ; and, sir, to give a high finish to the picture, it is 
now strenuously contended, from a quarter in amity with 
the Executive, that the control of the rights and privi- 
leges of the Senators, on this floor, and their constituents, 
in a most essential particular, is a power inherent in the 
office of the Vice President of the United States. I have, 
sir, been brought up in opposition to that school of politics 
from which such principles are legitimate emanations. 
From my first acquaintance with public afliirirs to the pres- 
ent day, I have regarded it as a sacred duty to resist them; 
and I consider myself, on this occasion, as in the dis- 
charge of that duty. The grave matters of which I have 



MARTIN VAN BUREN. 295 

spoken, with niucli more of what I might iiave spoken as 
daily passing before our eyes, are, as has been before observ- 
ed, identical in principle with those which were so em- 
phatically adjudged against by the people, in 1800. They 
are presented in a different and far more dangerous form ; 
but they are, nevertheless, the same. The spirit of en- 
croachment has, it is true, become more wary, but it is 
not a bit more honest. Heretofore the system was coer- 
cion ; now it is seduclion. Heretofore unconstitutional 
powers wece exercised to force submission, now they are 
assumed to purcJuise golden opinions from the people 
witli their own means. It is a great mistake, sir, to attri- 
bute the radical change in government, effected contem- 
poraneously Avith the election of Mr. Jefferson, either to 
excess of taxation, or practical oppression under the alien 
and sedition laws. Those, doubtless, produced great and 
just excitement ; but it did not belong to their nature to 
produce such lasting consequences. Acts of individual 
oppression had been committed before, and have, in dif- 
ferent degrees, been committed since. But, after having 
caused more or less of public excitement at the time, 
they have passed away Avith the occasion that produced 
them. Such is human nature now — such has it been in 
all ages of the world. The acts I have alluded to, high- 
ly exceptionable as they undoubtedly were, could never 
have produced an unyielding exclusion from the confi- 
dence of a majority nf the people^ for more than a quar- 
ter of a century, of large masses of men distinguished 
for talent and private worth. No, sir, said he, the cause 
of that great and glorious struggle lies deeper — much 
deeper. It proceeded, not from the consequences of those 
acts, but from an opposition to the principle upon which 
they are founded — that principle was an alarming ex- 
tension of the constructive powers of this government — 
it arose, as he had before said, from a settled conviction 
in the minds of the people, that a deliberate plan had been 
formed by the men then in power, to change the gov- 
ernment, from its true republican form, to one, if not 
monarchical, at least too much inclined to that direction. 
It was the apprehension that they were about to be de- 
spoiled of the promised fruits of the revolution, that 
aroused and called into vigorous action that same great 
spirit by which the revolution itself was accomplished. 
It is to that cause only that results unknown to the poli- 
tics of any other country, are to be attributed. The cause 
was at least adequate, if all the consequences have not 



296 THE LIFE OF 

been permanent. And what is the true character of the 
times upon which, in the course of events, and the provi- 
dence of God, we have fallen ? Most unpropitious, truly. 
"If the views in relation to the powers of this gov- 
ernment, avowed by the present Executive, and which 
lie at the foundation of the present administration, are 
the true doctrines of the constitution, tJun \cas ' the great 
political revolution of ISOO founded in gross e7-ror, if 
not palpable fraud upon the people.' Disguise the mat- 
ter as you will, said he, ' to this complexion must we 
come at last.' It was most manifest, he said, that what- 
ever effect the events of 1797-8-9 and 1800 had had upon 
the federal men of that day, their consequences upon the 
principles that then prevailed, have not been as effectual 
as was hoped, and for a season believed. 

' We have scotched the snake, not killed it ; 
' She'll close luid be herself again.' 

" But he trusted the prediction would not be verified. 
SheUl not close again. The people will prevent it. He 
must indeed be a miserable judge of public sentiment, 
who cannot see in its daily indications that the same 
spirit which once before rescued the constitution from the 
hands of its enemies, is at this moment fully roused. The 
excesses of the last three years have produced in this 
country changes of public opinion wholly without prece- 
dent. The time, he trusted. Avas not far distunt, when 
the interpolations which had been attempted upon the 
constitution, with the wretched sophisms by which they 
were supported, will be subjects of severe reprehension ; 
nay, of derision, with the people, and when a great por- 
tion of the talents that have been employed in weaving 
the net, will need all its own ingenuity to escape its 
meshes. He hoped he had not been understood as sup- 
posing that all who had heretofore been ranked among 
the supporters of the high-toned doctrines he had con- 
demned, must of consequence occupy the same station 
now. By no means. He would be ashamed of himself 
to be found the author of sentiments so contracted and 
illiberal. He knew too well that although, to a certain 
extent, names are things, they are not always the uner- 
ring evidence of the things they signify. The full exper- 
iment, in peace ami in 7i-ar, which ue hare now had of 
the respective operations and cfjiciency of the Federal 
and stale govcinmenls, ought to satisfij every di.<:pas- 



MARTIN VAP\^ BUREN. 297 

sionale inquirer afier truth, of the fallacy of opinions 
once so extensively entertained. Those who tliought 
so ought to abandon them, and all who are wise enough 
to be l)onest, will do so. It is of itself immaterial by 
what political appellation men have heretofore been cal- 
led. The great question is, what are honestly their pres- 
ent sentiments upon those great points which have, from 
the beginning, divided the American people, and would, 
he feared, continue to do so to the end ? 

" IVIr. Van Buren said that, contrary to his first impres- 
sion, he would vote in favor of the whole amendment 
proposed by the Senator from Connecticut. He would 
ido so because it Avould be the most effectual manner in 
which he could assist in putting down what, with all re- 
spect for the opinions of his fellow Senators, he could not 
but regard as a monstrous construction of the constitu- 
tion. The amendment proposed an appeal from the de- 
cision of ihe Vice Pi-esident to the Senate. If he be- 
lieved that the Vice President possessed the power in 
question by virtue of his office, he could not vote for so 
great an encroachment upon his constitutional rights as 
to subject their exercise to a supervision not provided for 
by the constitution. If, therefore, the amendments were 
adopted, he hoped we should hear no moie of an inherent 
righl^ which you, sir, have, much to your credit, refused 
to usurp, and which we, as I cannot but think, to our dis- 
credit, are aitempting to force upon you, nolens volens,'''' 



CHAPTER XIX. 



Pernicious effects of the system of incorporated Bank- 
ing companies in the United States. Opposition of 
Mr. Van Buren to the extension of this system in the 
state of New York. His opposition to the hank of the 
United States. 

It is the striking remark of a statesman of much 
experience in public affairs, who, amid dignified 
retirement, in the evening of his days, has devoted 
a penetrating mind to the most elaborate political 
research, " that associated wealth is the dynasty of 
modern states."* 

The apothegm is true of Europe, where bankers 
are already the real monarchs, and a poor noble- 
man or a poor king is as impotent as any other 
poor man. But in this country it has its most 



*The Hon. Samuel C. Allen, of Mass., whose disinterested 
efTorts to defend the riglits of those who live by their own labor, 
has brought upon him the most outrageous abuse, from those 
who live by the labor of their fellow-men. 



300 THE LIFE OF 

striking application. The written charter of our 
national liberties guards against a dynasty of here- 
ditary rank or of legitimate descent. Tt has not 
proved a safeguard against a dynasty of associated 
wealth. The aristocratic principle, which is in- 
herent in the nature of man and has exhibited its 
activity in all ages, by monopolizing the blessings 
of life, has been cut off from most of its accustom- 
ed means of manifestation, by the founders of our 
government. The spirit of tyranny cannot exhibit 
itself in this country by monopolizing legislation, 
or titles, or rank. Orders of nobility, primogenital 
rights, inherited rank, and birth right privileges, of 
every kind, have been exterminated by the bra- 
very and wisdom of our patriotic ancestors. But 
one channel remains for the sj^irit of aristocracy 
to pour its entire flood into ; it is the monopoly of 
wealth. One weak })oint exists in the fortress of 
our freedom ; it is that which may be assailed by 
the engine of combined wealth. One order of 
nobility is not guarded against ; an order untitled, 
it is true, but possessing attributes more radically 
injurious to popular rights than all the empty 
insignia of foreign aristocracy. It is based, not 
upon the respect which is naturally paid to the 
descendant fz'om a long line of illustrious ances- 
tors, butupon the influence of that sordid principle 
in men, which, the greatest of all reformers in re- 
ligion and politics, characterized as " the root of 
all evil." Wealth is the grand engine of self ex- 
altation and of popular oj^pression in this country. 
Such is the nature of om* institutions that the love 



MARTIN VAN BUREN. 301 

of domination, inherent in the human breast, has 
here, no other outlet. 

Of all inventions which have been put in opera- 
tion, in this country, to promote the inordinate ac- 
cumulation of wealth, the most exceptionable are 
incorporated companies ; and the worst of all in- 
corporated companies are banks. It is a cardinal 
principle of political economy that labor is the on- 
ly means overeating wealth. Labor draws wealth 
from land and from other natural sources. Its 
operations are greatly aided by capital, in various 
shapes, and in some branches, a certain amount of 
floating capital, that is, money and credit, is almost 
indispensable. The laborer seldom possesses this 
capital ; he is willing to give a portion of the pro- 
ceeds of his labor, for the use of it ; and the owner 
of the capital is thus enabled to enjoy a portion of 
the fruits of the poor man's labor. Such must 
ever be the course of things where any inequalities 
of wealth exist ; and inequalities of wealth must 
exist while inequalities of natural talents, of virtue 
and intelligence, pervade a community. But it is 
the policy of political systems which aim to se- 
cure the happiness of all, in equal degrees, to di- 
minish these inequalities, as far as possible, by 
preventing the individual aggregation of capital, 
and securing to labor its entire fruits. Banks and 
monied incorporations strongly counteract this 
policy. They combine the floating capital in great 
masses, and enable its owners by co-operation, 
to prescribe conditions for its dispensation to bor- 
rowers, which are oppressive and burdensome. 
26 



302 THE LIFE OF 

They impede the natural tendency of capital to 
equalization and distribution. They create no 
wealth ; their only functions are to accumulate 
capital and direct its operations. Their special 
privileges and extensive combinations of selfish 
interests, enable them to do this, in such a way, 
as to extort from industry an undue portion of its 
results. The very object of an incoqjorate char- 
ter is to give its possessors artificial powers and 
special privileges, not enjoyed by others, or an ex- 
emption from liabilities to which others are sub- 
jected. Rich men, thus combining their fortunes 
to a certain extent, to control the loaning of cap- 
ital, and, unlike ordinary partners in business, 
exempt from personal liability, are enabled to op- 
press the individual laborer who, in solitary pov- 
erty, eats his bread " in the sweat of his face." 

All such combinations of wealth against labor, 
of accumulation against productive industiy, of 
the rich against the poor, ought to be regarded 
with disapprobation, by a government which pro- 
fesses to dispense its benefits, equally, to all. 

The federal constitution gives to the General 
Government the exclusive right to coin money. 
This would seem to vest in that government, a 
control over the circulating medium of the nation. 
But in point of fact, a paper currency has been al- 
most universally substituted for the constitutional 
coin of the government. The privilege of manu- j 
facturing this circulating medium has been con- 
ferred, by state Legislatures, upon a multitude of 



MARTIN VAN BUREN. 303 

incorporated banks ; and they have substituted, in- 
stead of money, their own credit. Their notes 
are called money, and are made to perform its 
functions; and the prerogative of the Federal 
Government has, thus, in fact, been usurped by 
these corporate bodies. It may reasonably be 
doubted whether the whole system, from begin- 
ning to end, is not an infraction of the constitution. 
It is, at least, an evasion of its plain provisions, 
pernicious in its influence upon industry and mor- 
als, and meriting the firm resistance of all true 
lovers of equal rights. 

At the head of the vast system of machinery 
in this country, for the undue aggregation of 
wealtli, stands, or rather stood, the bank of the 
United States, Resisted in its embryo state, by 
Jefferson, struck down for a time by the casting 
vote of Vice President Clinton, it has finally re- 
ceived its death blow from the hand of our pre- 
sent illustrious chief magistrate. 

The sentiments of Mr. Van Buren, on a matter 
of so great importance, deserve a careful exam- 
ination, and a view of them will be given here. 

In the first place, it may be stated, that he has 
wholly abstained from becoming the owner of any 
bank stock, or taking any interest in any company 
incorporated by the Legislature of New York, 
since the period of his first entrance into the Sen- 
ate of that state, in 1812. 

In the next place, he has been a firm opponent 
throughout his whole public life, of the extension of 
the banking system in the state of New York and 
of a bank of the United States 



304 THE LIFE OF 

His public opposition may be traced back to 1811, 
In February of that year, the venerable George 
Clinton, the Nestor of the New York democracy, 
by his casting vote, as President of the Senate, de- 
feated the renewal of the charter of the bank of 
the United States. Mr. Van Buren ardently and 
vigorously sustained this bold act of patriotism. 

When the project of replacing this bank by the 
bank of America in New York, was brought for- 
ward, Mr. Van Buren took the most decided stand 
against it. He was active in originating a conven- 
tion of the democracy of his country to oppose it, 
and delivered an elaborate and powerful speech 
against the proposed measure. 

In the spring of 1812, Governor Tompkins 
prorogued the I^egislature, to prevent the passage 
of the charter for the bank ; and Mr, Van Buren 
yielded this energetic, but necessary, exercise of 
power, his firmest support. 

The opposition of Daniel D. Tompkins to banks 
in general, is well known ; an opposition in which 
the elder and younger Clinton co-operated. Mr. 
Van Buren, during his whole political course in the 
state of New York, was found in the same oppo- 
sition. No public man has ever been more op- 
posed to the extension of the banking system. 
The journals of the New York Senate evince, that 
during the many years he was a member of that 
body, he was constant and zealous in his opposi- 
tion to the increase of banks. After he ceased to 
be a member of that body, he viewed every mea> 



MARTIN VAN BUREN. 305 

sure, calculated to check the extension of banks, 
with strong approbation ; and in May, 1827, in 
the Senate of the United States, he alluded to the 
applications for bank charters in the state of New 
York, and said " the Legislature, to its honor, at 
the last session, had refused all applications of this 
description." 

The question of re-chartering the bank of the 
United States did not arise during his service in 
the United States Senate. But the doctrine of a 
strict construction of the constitution, which he 
maintained on all occasions, was levelled in a great 
measure, against the bank of the United States ; 
and in his speech on the powers of the Vice Presi- 
dent, in 1828, he characterises the incorporation of 
that bank as the " great pioneer of constitutional 
encroachments." 

This solemn declaration against the constitution- 
ahty of the bank was made, it will be noticed, be- 
fore the election of General Jackson to the Presi- 
dency, and two years before his message in 1830, 
first calling the attention of Congress to the re- 
newal of the charter. 

Having thus shown Mr. Van Buren's steady op- 
position to the banking system, in general, and the 
bank of the United States in particular, from his 
first entrance upon political life to the last session 
of his service in the Senate of the United States, it 
may be proper to bring down this part of our sub- 
ject to the present time, though we shall be obliged, 
26* 



306 THE LIFE OF 

thereby, to anticipate some portion of the regular 
narrative. 

In the summer of 1832, when Mr. Van Buren 
was a candidate for the office of Vice President, a 
letter was addressed to him, by a committee of a 
public meeting in North Carolina, requesting an 
expression of his sentiments on various topics of 
public interest. His reply to this letter is dated 
October 4th 1832, So far as it relates to the pro- 
tective system and internal improvements, it has 
already been laid before the reader, under those 
respective heads. The part which relates to the 
bank of the United States is as follows: 

" I am unreservedly opposed to a renewal of the charter 
of the United States bank, and, approve of the refusal of 
the President to sign the bill passed for that purpose, as 
well on account of the unconstitutionality, as the impoli- 
cy, of its provisions." 

In the winter of 1834, the country was suffering 
from the oppressions of the bank of the United 
States, which followed the removal of the de- 
posites. The firmness with which Mr. Van Buren 
sustained every measure for the suppression of 
the bank, drew upon him and his political friends, 
every species of suspicion and abuse. Among 
other things it was suggested, that a transference 
of the bank from Philadelphia to New York was 
the end, really, in contemplation. The insinua- 
tion was indignantly repelled by Mr. Wright of the 
Senate, in behalf of the democracy of New York : 
and the hearty concurrence of Mr. Van Buren in 
this refutation of a calumny, was fully known 
to all. 



MARTIN VAN BUREN. 307 

When the panic arising partly from the scarcity 
of money, but more from the inflammatory har- 
rangues of certain members of the Senate, was at 
its greatest height, and the situation of the com- 
mercial community, had become truly alarming, Mr. 
Van Buren received a letter from a personal and 
political friend, advising him of a proposed appli- 
cation for a new bank, to be fixed in the city of 
New York, and free from many of the objections 
to the existing bank. In his reply, among other 
similar sentiments, is the following : 

" As it has been thought proper to advise me, iu ad- 
vance of the contemplated movement, I should be want- 
ing in candor, and 1 think in duty also, if I left you for a 
moment uninformed of my sentiments upon this subject. 
The application of which you speak, could serve no other 
purpose than to aid the existing bank in the efforts it is 
making to obtain an extension of its charter, and to ex- 
pose the motives of the opponents of the bank who unite 
in it, to the imputation (doubtless in the present case an 
unjust one) of having been influenced in their opposition 
by selfish motives. Of this, I have not the slightest 
doubt. And without having communicated Avith the 
members, or laying claim to information that is not open 
to all attentive observers, I cannot hesitate in believing, 
that it would be impossible to obtain a dozen votes in 
favor of such a proposition, in both branches of the Na- 
tional Legislature. At all events, I think it proper, to say 
to you, that it could not receive either countenance or sup- 
port from me. I could not act otherwise, Avithout a de- 
parture from principles Avhich I sincerely entertain, Avhich 
have been avowed to the people before my election, and 
which I feel it to be a sacred duty to maintain inviolate." 

The Hon. Thomas H. Benton, United States 
Senator from Missouri, in a letter to General 
Davis of Mississippi, dated December 16th 1834, 



308 THE LIFE OF 

bears testimony to the sentiments of Mr. Van 
Buren, at that time. Mr. Benton's efforts to re- 
store to the country a constitutional currency have 
given him a proud distinction : the country yet ex- 
pects much from his exertions. On a point, with re- 
gard to which his own views are so clear and his 
solicitude so great, that his testimony is of peculiar 
value, and his means of obtaining accurate infor- 
mation are complete. Alluding to Mr. Van Buren, 
he says ; 

" I have known that gentleman long and intimately. 
We entered the Senate of the United States together, 
thirteen years ago, sal, six years, in seats next to each 
other, were always personally friendly, generally acted 
together on leading subjects and always interchanged 
communications and reciprocated confidence. * * * 
He, (Mr. Van Buren) is a real hard money man ; opposed 
to the paper system ; in iavor of a national currency of 
gold ; in favor of an adequate silver currency for common 
use ; against a small note currency, and in favor of con- 
fining bank notes to their appropriate sphere and original 
function, that of large notes for large transactions and 
mercantile operations." 

Finally, it will be proper to subjoin the author- 
ized statement of a gentleman who possesses the 
confidence of Mr. Van Buren in an eminent de- 
gree, and whose testimony is beyond impeachment. 
Mr. Butler, in his pubhshed letter to Mr. Garland 
in March 1835, says of Mr. Van Buren's views on 
this point : 

"To close the door to cavil, I state; 1st. That he 
holds that Congress does not possess the power to etablish 
a national bank in any of the states of the Union, nor to 
establish, in such states, the branch of any bank, located 



MARTIN VAN BUREN. 309 

in the District of Columbia ; and 2ntlly. That he is, there- 
fore, decidedly opposed to the establishment of a national 
bank in any of the states, and is also opposed to the 
establishment of any such bank in the District of Colum- 
bia, as unnecessary and inexpedient, and as liable to a 
great proportion of the abuses which have, in his opinion, 
been practised by the existing bank." 

From these facts and statements, it appears to 
the present writer, that whatever may be thought 
of Mr. Van Buren's opinions on other topics, ho 
will appear to be decidedly " committed" on the 
subject of a bank of the United States. 

It may be proper, here, to remark that Mr. Van 
Buren was re-elected to the Senate of the United 
States on the 6th of February 1827, by a vote 
of twenty-three to eight in the Senate, and of 
eighty-two to thirty-one in the House of Repre- 
sentatives ; uniting in both houses, the entire demo- 
cratic votes. 



CHAPTER XX. 



Mr. Van Buren's support of the bill proriding for (he 
survhnng officers of the Revolution. Siunmary viexo 
of his sentiments on various political questions. His 
constant observance of the will of the people. Right 
and capacity of the people to direct the administra- 
tion of the gocei'nment. 

In presenting a view of Mr. Van Buren's ser- 
vices as Senator of the United States, the support 
he rendered to the bill for relieving the surviving 
officers of the revolutionary army ought not to be 
omitted, though the discussion so far as he engaged 
in it, presented few abstract political questions. 
Great as should be the caution, in a republican 
government, in dispensing pensions or pecuniary 
provisions for any class of men, no public act of 
Congress ever drew forth, from the American peo- 
ple, a more unanimous, heartfelt and warm ap- 
proval, than that by which a retributive provision 
was made for the patriots of the revolution. 

Mr. Van Buren joined in the debate on [_this in- 



312 THE LIFE OP 

teresting topic, at diflcrent times, and lent to the 
proposed measure the aid of liis best exertions and 
utmost influence. \A speech which he deUvered 
in the Senate, on the 28th of January 1828, is 
among the most elaborate in point of argument, 
rich in historical illustration, and forcible in thought 
and language, to be found in the whole range of 
parliamentary eloquence. 

It is a matter of sincere regret, that the plan of 
the present work is such as necessarily to exclude 
this elo(|uent tribute to the memory of a past gen- 
eration, and appeal to the justice of the present. 

Other subjects, of considerable temporary in- 
terest, received the attention of Mr. Van Buren, 
during his continuance in the United States Sen- 
ate. The suppression of piracy, the Yazoo claims, 
the Florida wreckers, the Creek treaty, and in- 
deed most of the leading topics which were dis- 
cussed on the floor of the Senate chamber, called 
forth his opinions and often were the occasions of 
long and able speeches. These topics, however, 
not involving any cardinal political principles, are 
not particularly introduced in the present abbrevi- 
ated summary. From the extracts already em- 
bodied in these pages, the reader may form some 
adequate estimate of his indefatigable exertions in 
the Senate, and a just and complete view, it is be- 
lieved of his sentiments, on most of the leading 
political questions which agitate the community. 
Few public men have been more explicit and dis- 
tinct, than Mr. Van Buren, in the avowal of their 
principles on all political questions : if these prin- 
ciples have failed to meet the notice of any one it 



MARTIN VAN BUREN. 313 

must have been through great mattention to pub- 
he afiairs. Ilis opinions have been openly avow- 
ed ; they are on record before the public, and 
are here brought together, from sources which are 
open to all. It was truly said by himself, in his 
speech at a public meeting in Albany, in 1827, 
that in the " course of his public career, he had un- 
avoidably been connected with political subjects, 
neiiher free from excitement, nor inconsiderable in 
point of responsibility." From the exposition 
here given, the candid reader may judge whether 
he has ever shrunk from that responsibility or been 
turned, by that excitement, from an independent 
and ingenuous course. It has been the aim of the 
present writer to adduce every thing which might 
tend to the clear exposition of his political senti- 
ments ; nothing has been, intentionally omitted, 
glossed over, or unfairly represented. Mr. Van 
Buren's real opinions, as expressed by himself, 
whether right or wrong, just or unjust, have been 
fairly laid before the pubhc in the foregoing pages. 
He would be singularly foi'tunate and happily ex- 
empt from the ordinary lot of humanity, if, in the 
course of a long political career, he had never ex- 
pressed sentiments or advocated principles, which 
at a subsequent period and with a inaturer judg- 
ment, he might wish to modify or recall. Doubt- 
less, Mr. Van Buren's views of truth, like those 
of other men, have grown clearer with more ma- 
ture reflection and riper years. If any progress 
of this kind be apparent, or any discrepancies, at 
different periods, appear, the means of detect- 
27 



314 THE LIFE OF 

ing them are now, fully, before his political oppo- 
nents, from whom no mercy or indulgence will ev- 
er be asked by his friends in his behalf. The wri- 
ter will, at least, be much mistaken, if the oft reit- 
erated charge of withholding his sentiments from 
public view, does not meet with a perfect refuta- 
tion in the foregoing pages. Misrepresentation 
will no longer have to contend with a shad- 
ow ; the substance appears, in too broad a light, 
to be unnoticed by the most imperfect and dis- 
torted vision. The political opinions of Mr. 
Van Buren, herewith committed to the public, are 
sufficient, at any rate, to occupy, for a considera- 
ble time, the ingenuity of his political opponents 
in their refutation. 

It will be seen that he has been, from his ear- 
liest political hfe, opposed to the extension of the 
banking system, in all its shapes, and especially to 
a national bank in any form ; that he has labored 
in his native state, to extend the right of suffrage 
to its utmost limits ; that he has, with equal assi- 
duity, struggled for the abolition of imprisonment 
for debt ; that he has urged with perseverance, 
though not, alas, with success, such an amendment 
of the constitution as would give the choice of 
President to the people, and withdraw it alto- 
gether, from the House of Representatives ; that 
he has opposed, with his utmost abihty, those 
lax constructions of the constitution which have 
led to lavish expenditures for internal improve- 
ments and have tended to the enlargement of the 
powers of the General Government so as to en- 
danger the sovereignties of the states ; that he has 



MARTIN VAN BUREN. 315 

been averse to a high tariff, though obedient to the 
will of his constituents, notwithstanding his per- 
sonal judgment, on a point involving, in his opin- 
ion, no violation of the constitution ; that on the 
great questions of disposing of the public lands ; 
of protecting commerce, and of providing a tardy, 
but just compensation for the heroes of the revo- 
lution, he has avowed the most patriotic and lib- 
eral sentiments ; that he has been the unwaver- 
ing champion of national honor and the protection 
of the rights of American citizens, in his extraor- 
dinary zeal to sustain the late war, to suppress pi- 
racy and to secure the colonial trade ; that in all 
the responsible and exciting conditions of a long 
and laborious political career, he has risen above 
considerations of personal interest and private re- 
sentment, and been guided by the most enlighten- 
ed political principles and the purest devotion to 
the public weal. 

No wonder, therefore, that he has, in an extra- 
ordinary degree, secured the approbation and won 
the confidence of the great body of the people. 
No wonder that he has, in his own distinguished 
success, demonstrated the truth of a sentiment he 
once expressed, that " while he had seen those 
who played a part, though they played it ever so 
well, after a brief season, exposed to the chilling 
indifference, if not positive contempt, of a generous 
but just community, he had never yet seen unpre- 
tending, but honest zeal and practical efforts to 
be useful, go without their ultimate reward."* 

♦ Speech at tlic capitol in Albany, July, 1827. 



316 LIFE OF MARTIN VAN BUREN. 

Mr. Van Buren has, himself, on many occasions, 
announced the great rule of his public life, lie 
said, in connection with the foregoing remark ; "If 
had been the business of his life to make himscU" 
acquainted with tiiat public sentiment, which, 
though sometimes misled by excitement, was al- 
ways honest, and in the end always right.". 

This entire deference to the popular voice, the 
first example of which, in a Chief Magistrate. 
was afforded by Jefferson, and the last by Jackson 
is, no doubt, regarded by a certain class of politi- 
cians as the most exceptionable feature in the 
public life of Mr. Van Buren. But to what safer 
tribunal can resort be had ? 

Is wealth to form the qualification for judging of 
public affairs ? This will hardly be contended for. 
Are such matters to be submitted to the determi- 
nation of those who are called great men ? — Men 
of striking genius are often deficient in sound 
judgment. Shall the learned control public opin- 
ion ? Learning is not wisdom, and the most cul- 
tivated minds, in all ages, have been too prone to 
cringe before tyrants. Shall orthodoxy in reli- 
gion and correct morals be appealed to ? Then 
who shall fix the standard of truth ? Besides 
these excellencies do not, necessarily, imply the 
highest intellectual capacity. Where then shall 
we resort but to public sentiment ? What other 
criterion can be set up, than the majority of the 
people 1 None ; perverted as that judgment may 
sometimes be, by prejudice and want of informa- 
tion, it is, with all its errors, the safest and surest 
standard of political truth. 



CHAPTER XXI. 



Mr. Van Buren supports Mr. Crawford for the Presi- 
dency in 1824. Opposes the administration of Mr. 
Adams. Sustains General .fackson for the Presiden- 
cy, in 1828. Is elected Governor of the state of New 
York, and resigns his seat in the Senate. Introdu- 
ces the '■^ safety fund system.''^ 

In February 1824, Mr. Crawford was nomina- 
ted as a candidate for the Presidency, by a con- 
gressional caucus in Washington. Mr. Van Bu- 
ren co-operated in this nomination and subsequent- 
ly gave it his most vigorous support. Mr. Craw- 
ford had been a distinguished member of the cab- 
inet for nearly ten years. In the congressional 
caucus to nominate a candidate for President, in 
1816, he received nearly the same number of 
votes as were given for Mr. Monroe, and stood, 
certainly, next to that gentleman, in the public esti- 
mation. The admirers of the policy of Mr. Jef- 
27* 



318 THE LIFE OF 

ferson looked io Mr. Crawford, as a candidate, 
who, if elected, would bring l)ack the government 
to those principles. In the state of New York, 
which was violently agitated as to the manner in 
which electors should be appointed, Mr. Craw- 
ford received hut Jive electoral votes, out of twen- 
ty-eight. In the electoral college, 7iincti/-)iine 
votes were given for General Jackson, eiglitij-fow 
for Mr. Adams, forty-one for Mr. Crawford, and 
thirty-seven for Mr. Clay. In the house of Rep- 
resentatives, whither the election was thus carried, 
by the coalition of the friends of Mr. Adams and 
Mr. Clay, the former received the votes of thirteen 
states, General Jackson, of seven, and Mr. Craw- 
ford, of four. The ill health of Mr. Crawford, at 
this crisis, much impaired his chance of success. 
In the ultimate decision of the choice between Mr. 
Adams and General Jackson, Mr. Van Buren took 
no decided part. 

It was obvious from the vote in the electoral 
college, that at the time of the election of Mr. Ad- 
ams, General Jackson was pre fe red by a majority 
of the people. This preference was much 
strengthened by an increasing knowledge of his 
character and principles, as well as by the anti- 
democratic policy adopted by his rival. Mr. Van 
Buren, as we have seen, felt himself obliged to 
take the lead in vigorously opposing many of the 
measures of the administration of Mr. Adams. 
He was equally zealous and equally active in sus- 
taining General Jackson for the Presidency, in 
1828. Indeed, he warmly espoused the cause of 



MARTI.X VAN BUREN. 'Sl'J 

General Jackson soon after the election of Mr. 
Adams by the House of Representatives, in Feb- 
ruary 1825. The contest involved the same prin- 
ciples as were the subject of controversy at the 
election of Mr. Jefferson, in 1801. It was the 
struggle of the democratic principle against the 
united strength of various aristocratic factions. In 
the election of General Jackson, Mr. Van Buren 
plainly foresaw that he should witness the triumph 
of those principles for which he had struggled 
from his earliest years. In his defeat, he foresaw 
with equal clearness, the ratification of alarming 
encroachments upon the constitution and the con- 
firmed perversion of the administration of the 
government from its true principles. In a contest 
involving such vital interests, he naturally put 
forth his most zealous and persevering eftorts. 

The happy result of this great struggle is 
known to all. It was such as to gratify the most 
ardent wishes of the patriot, and to afford new 
proof of the intelligence and patriotism of the peo- 
ple. It was a triumph which, in the words of Mr. 
Van Buren, " while it infused fresh vigor into our 
political system and added new beauties to the 
republican character, once more refuted the odi- 
ous imputation, that republics are ungrateful." 

By the death of Governor Clinton in February 
1828, a vacancy occurred in the chief magistracy 
of the state of New York. The republicans of 
that state immediately fixed their hopes upon Mr. 
Van Buren for that office, and yielding to their 
pressing solicitations, lie consented to become a 



320 THE LIFE OF 

candidate. The election occurred in November, 
at the same time with the choice of electors of 
President and Vice President. Smith Thompson, 
one of the justices of the Supreme Court of the 
United States, was the leading candidate of the 
opposition, and Solomon Southwick was support- 
ed by the antimasons. Mr. Van Buren succeeded 
by a plurality of thirty thousand votes over the 
highest opposing candidate.* 

Mr. Van Buren, having resigned his seat in the 
Senate of the United States, entered upon the du- 
ties of his office as Governor, on the 1st of Janu- 
ary 1829. 

His message to the Legislature, transmitted on 
the 6th of January, is a document which displays 
the usual patriotism and ability of its author, and 
is replete with the most valuable information and 
the soundest political truth. 

After alluding, in the happiest manner, to the 
distinguished abilities of his predecessor, he pro- 
ceeds to lay before the Legislature the general 
state of the various public funds, especially those 
of the canal ; he throws out several suggestions 
with regard to internal improvements, but recom- 
mends caution in the adoption of new schemes. 
He says the most important business of the session, 
was the question of renewing the charters of the 
several banks in the state ; thirty-one charters 
would expire in the course of four years, with a 



* The votes were, for Mr. Van Buren, 130,791; for Thomp- 
son, 106,444 ; and for SoiUlnvick, 33,345. 



MARTIN VAN BUREN. 321 

capital of fifteen millions of dollars, and debts 
amounting to thirty millions. lie alludes to the 
difference between their situation, at that time, 
and the laying of the foundation of the banking 
system anew ; and says, in view of the extent of 
these institutions and their close connection with 
the affairs of the community, that " to dispense 
with banks, altogether, is an idea which seems to 
have no advocate ; to make ourselves dependent 
on those established by federal authority, deserves 
none." He says that experience is against banks 
owned wholly by the state, and that to make stock- 
holders liable, in their private capacity, throws 
the stock into the hands of irresponsible persons ; 
he reprobates the practice of " bonusses" for bank 
charters, and says, that compared [with the com- 
munity, the stockholders are few, and hence that 
all legislative measures should refer exclusively to 
the safety and stability of the institutions. He 
finally concludes that the present, solvent banks 
cannot be so suddenly closed, without a violent 
disturbance of the interests of the public ; and al- 
ludes to " a sensible and apparently well-consider- 
ed plan" which had been submitted to him, and 
which proposed " to make all the banks responsi- 
ble, for any loss the public may sustain, by the 
failure of any one or more of them." He then 
presents a brief epitome of the " safety fund sys- 
tem," and concludes this part of his message with 
the remark, that "the interest which attaches itself 
to the representative character, can never be 
greater, than when the fulfilment of the trust com- 



322 LIFE OF MARTIN VAN BUREN. 

mitted to the Representative, may bring him in 
conflict with the claims of the great monied inter- 
ests of the country." 

On the 26th of January, 1829, Mr. Van Buren 
in a brief message, introduced to the favorable no- 
tice of the Legislature, the celebrated " safety fund 
system." This plan originated with the Hon. 
Joshua Forman, and was by him, laid before Mr. 
Van Buren. It was somewhat modified by the 
suggestion of the latter, and finally adopted by the 
Legislature. Mr. Van Buren's connection with the 
transaction cannot be more accurately character- 
ized, than in the following extract from the letter 
heretofore alluded to, of the Hon. Thomas H. 
Benton, to General Davis, of Mississippi. 

" Upon his (Mr. Van Buren's) elevation to the chief 
magistracy of the state, finding the system of banks so 
incorporated with the business and interests of the peo- 
ple, as to render its abolishment impossible, he turned his 
attention to its improvement, and to the establishment of 
such guards against fraudulent, or even unfortunate bank- 
ruptcy, as would, under all circumstances, protect the 
holders of notes against loss. The safety fund system 
was the result of views of this kind; and if its complete 
success hitherto, (for no bank has failed under it,) and the 
continued support and confidence of the representatives 
of two millions of people, are not sufficient to attest its 
efficacy, there is one consideratipn at least, which should 
operate so far in its favor as to save it from the sneers of 
those who cannot tell what the safety fund system is ; and 
that is, the perfect ease and composure with which the 
whole of these banks rode out the storm of Senatorial and 
United States Bank assault, panic, and pressure, upon them 
last wi nter. This consideration should save Mr. Van Buren 
from the censure of some people, if it cannot attract their 
applause. An das for the politics of the safety fund banks, 
it has been recently, and authentically shown that a vast 
majority of them are under the control of his most deter- 
mined and active political opponents." 



CHAPTER XXII. 



Mr. Van Buren is appoirded Secretary of Slate of the 
United States. Situation of our foreign relations, 
especially with Great Britain. Mr. Van Buren' s suc- 
cessful administration of the Department of foreign 
Affairs. Eesignsthe office of Secretary of State. 

Mr. Van Buren remained, but a short time, in 
the Chief Magistracy of the state of New York. 
On the 12th of March 1829, he resigned the of- 
fice of Governor, in consequence of his appoint- 
ment as Secretary of State of the United States. 
Of this appointment, General Jackson said, in his 
letter to the republican members of the Legisla- 
ture of New-York, in February 1832 : "In calling 
him, (INIr. Van Buren,) to the Department of 
State, from the exalted station he then occupied, 
by the suflrages of the people of his native state, I 
was not influenced more by his acknowledged tal- 
ents and public services, than by the general wish 
and expectation of the republican party through- 
out the union." 

Short, as was his continuance in the office of 



324 THE LIFE OF 

Governor of New York, lie left the impress of his 
genius upon her institutions. This was true, espe- 
cially, in regard to those protective restrictions 
upon the system of banking which have, since, so 
completely secured the community from losses of 
that kind. The splendid talents of his immediate 
predecessor in that office, had given to it a dignity 
and eclat, which no successor of ordinary resour- 
ces could have sustained. But the genius and at- 
tainments of Mr. Van Buren suffered no dispar- 
agement in such palpable comparison with his il- 
lustrious predecessor. His executive career, 
though short, was brilliant and successful. Upon 
his withdrawal from the office, both branches of 
the liCgislature, though each contained opposite 
partisans in politics, unanimously passed resolu- 
tions expressing the " highest respect for his vir- 
tues and talents," and " their earnest wish that he 
might enjoy a full measure of happiness and pros- 
perity, in tlie new sphere of public duty to which 
he was about to be removed." 

The republican members of the Legislature 
were still more emphatic in their expressions of 
affectionate and respectful attachment. On the 
eve of his departure, they presented to him a 
communication, in which they strongly stated 
" theu' attachment to his person, their respect for 
his character, and their regret at the separation 
which was about to take place," and tendered to 
him their thanks, " for the numerous and import- 



MARTIN VAN BUREN. 325 

ant services which he had rendered to the State, 
particularly in sustaining those political principles 
which they believed to be most intimately blen- 
ded with its highest and dearest interests." 

]Mr. Van Buren was nominated, as Secretary 
of State, on the fifth of March, 1829 ; and enter- 
ed upon the duties of the office in the early part 
of April. From this time forth he has been iii sta- 
tions so conspicuous, and his public conduct has 
been the subject of so severe a scrutiny, that it 
will be unnecessary to dwell upon its details with 
great minuteness. 

The sphere in which he was now called to move, 
was new and responsible ; but his long service in 
the Senate of the United States, and his careful 
observation of political affairs from the earliest pe- 
riod of his life, fitted him at once, to assume its 
duties. In the sequel, it appeared that his sound 
judgment, his political information, his calm tem- 
perament and indefatigable diligence, enabled him 
to conduct, on the most successful principles, the 
whole range of our relations with foreign gov- 
ernments, and thus, by his new station at the seat 
of government, to add to a reputation which had 
already risen above detraction and envy. 

Our foreign relations at the time he came into 
office, were in a most embarrassed condition. The 
diplomacy of the former administration had fail- 
'i ed in most of its objects. Negotiations with 
many of the powers of Europe had been lingering 
and languishing, for many years ; and the most 
just and obvious claims of our citizens for in- 
28 



326 THE LIFE OF 

dcmnifications, had been rejected or postponed. 
The preceding administration had, indeed, unsuc- 
cessfully urged our claims upon France ; they had 
attempted, but without success, to open the Black 
sea to our commerce ; they had failed to form a 
treaty with Mexico ; they had been equally un- 
successful in obtaining from Colombia, such a 
reduction of their duties, as would place our trade 
upon the same footing with that of Great Britain. 
A convention had, it is true, been nearly brought 
to a close with Denmark and with Brazil ; but the 
claims of our citizens upon Sweden had been left 
to the enterprise of the agent of the claimants, 
and to the discretion of the Charge d'Ati'aires, who 
had received no instruction on the subject. But 
the most disgraceful failure in diplomacy, had at- 
tended the negotiations with Great Britain, in re- 
gard to the colonial trade. 

The British Government, as is usual with gov- 
ernments that have colonies, retained the abso- 
lute control of all trade with the British West In- 
dies. She had always refused to negotiate with 
any foreign power in regard to that trade. 

In the convention of 1815, by express stipula- 
tion, the commercial provisions in the treaty did 
not extend to the British possessions in the West 
Indies ; and the British government adhered to 
their ancient policy of regulating this trade by Or- 
ders in Council. American produce was admit- 
ted, but under restrictions which greatly impaired 
the benefit of the trade. In July 1824, Mr. 
Rush, our minister in England, was charged with 



MARTIN VAN BUREN. 327 

the duty of attempting some negotiation, favorable 
to our interests on this point; but the attempt 
was unsuccessful. On the 5th of July 1825, the 
British Parliament passed an act tendering to for- 
eign powers the most liberal terms of reciprocal 
intercourse with her colonies. Certain correspon- 
ding acts were required to be done on our part, 
to signify an acceptance of these propositions. 
Either from a want of information with respect to 
foreign affairs ; or from inattention ; or from the 
hope of extorting by diplomatic skill, still more fa- 
vorable conditions, our government, Mr. Adams 
being President and Mr. Clay Secretary of State, 
neglected to accept the advantages proposed by 
Great Britain. In consequence of this omission, 
the British government, having waited for our 
compliance more than a year, in July 1826, by an 
Order in Council, revoked the terms proposed, 
and interdicted all trade with their colonies after 
the following December. The bad management 
of our government was then seen in its full extent. 
Not long afterwards, the documents connected 
with the transaction were called for and published, 
and the public voice was loud in reprobation of the 
administration. Early in the year 1820, Mr. Gal- 
latin was sent out with excuses for neglecting to 
comply with the proposition of the British govern- 
ment ; and in 1827, he was instructed to inter- 
cede for the same terms which were freely offer- 
ed in 1825. The attempt failed. Mr. Barbour 
succeeded him, and was directed to sue, again, 
for the same privileges. But his mission was al- 



328 THE LIFE OF 

so vain, and it became apparent, that the British 
government were determined to hold no further 
negotiation with the administration of Mr. Adams, 
in relation to this matter. 

The subject was brought, very fully, before the 
American people, and it pressed heavily upon Mr. 
Adams and his cabinet. No explanations which 
it was in their power to ofter, could conceal from 
the community, the fact, that this valuable branch 
of trade had been lost by a pitiable course of indis- 
creet diplomacy. 

Upon the accession of general Jaclison to the 
presidency, and of Mr. Van Buren to the Depart- 
ment of State, the character of our intercourse 
with foreign nations was entirely changed. In- 
stead of a wretched system of duplicity and 
double-dealing, derived from the corruptions of 
foreign courts, there was substituted plain and 
manly dealing. Nothing was attempted by indi- 
rect means or insincere professions ; but the plain 
common sense of foreign allies was appealed to, 
in a tone of dignity, firmness and candor, which 
showed at once, that our government was con- 
scious of its rights, and neither disposed to tran- 
scend or fall short of their exact limits. Our 
foreign negotiations revived ; friendly relations 
were renewed with various countries ; and, under 
the guidance of our single-minded and upright 
President, Mr. Van Buren was enabled to turn 
his rare abilities to the greatest public benefit. 

Our claims on France were now, after a period 
of nearly thirty years, first recognized and put in 



MARTIN VAN BUREN. 329 

the course of adjustment ; a treaty was formed 
with Mexico ; the Black sea was opened to our 
commerce ; and Colombia remitted the discrimi- 
nating duties which had been a source of contro- 
versy. The conventions with Brazil and Den- 
mark for seizures, were matured, and the Swed- 
ish claims safely brought home to the claimants. 

But the most splendid results were derived from 
the negotiation with Great Britain. In July 1829 
Mr. McLane was despatched, as minister to Eng- 
land, bearing instructions from the hand of Mr. Van 
Buren, who had then hardly entered upon the du- 
ties of his office. The clearness and strength, 
with which, under these instructions, he brought 
forth the claims of the government, resulted in 
complete success. The British government at 
once, appreciated the force of the considerations 
addressed to them, and recognized the spirit of 
firmness and candor, which so much distinguished 
the new administration from its predecessor. The 
success of the mission was complete ; an arrange- 
ment was formed which met the approbation of 
our government, and restored to our citizens those 
rights, which, through the indiscretion of Mr. 
Adams and Mr. Clay, had been for a time sus- 
pended. 

During Mr. Van Buren's continuance in the 
State Department, and indeed, within the few 
first months of his service, some of the most 
important of our foreign embassies were des- 
patched under his direction. Among these may 
be mentioned, the mission of Mr. McLane to Eng- 
28* 



330 THE LIFE OP 

land, of Mr. Rives to France, of Mr. Preble to the 
Netherlands, and mniisters to Spain and Colnmbia. 
In short, the supervision of a master-spirit appear- 
ed in every bi'anch of our foreign relations ; and a 
series of diplomatic successes Avere effected, unri- 
valled in their number and importance in any other 
equal period of time, since the formation of our 
government. It was universally conceded, that 
more distinguished ability had never been display- 
ed in the Department of State, since the period 
when it was under the direction of Jefferson. 

But the other departments of the govermnnt did 
not proceed with equal success. Difficulties arose 
in the cabinet, and party spirit assailed Mr. Van 
Buren, in particular, with its utmost violence. lie 
was obviously ascending, with rapid strides, to the 
highest pinnacle of political distinction ; and all the 
artifices of envy and political rivalry, were put in 
requisition to impede his progress. The differen- 
ces of opinion between members of the cabinet, 
which he had exerted his utmost efforts to allay 
and remove, were falsely ascribed to his agency. 
In the end, it appeared that his judgment, courte- 
sy, and great knowledge of the human heart, were 
not sufficient, any longer, to postpone a rupture. 
His last effort was, by a magnanimous self-sacri- 
fice, to attempt the removal of difficulties which he 
ascribed to the jealousy of rival candidates for pub- 
lic favor; and on the 11th day of April 1881, he 
communicated to the President, his determination 
to withdraw from the office of Secretary of State, 
though he continued to discharge its duties until 
the followino month of June. 



MARTIN VAN BUREN. 331 

For this act of self-denying patriotism, he received 
the most virulent and illiljcral abuse from his po- 
htical enemies. Unable to appreciate the pure 
and patriotic motives which could lead the posses- 
sor of so advantageous a situation, to surrender the 
influence and prospects w^hich belonged to it, they 
searched for other plausible causes, and failing to 
find them, resorted to the vilest fabrications. This 
charge may appear severe, but it is made in the 
words of truth, nor has any thing been detected or 
disclosed, from that time to the present, to throw 
the slightest cloud over the high-minded and disin- 
terested conduct of Mr, A^an Buren. When the 
perversions of party feehng and the mists of per- 
sonal prejudice shall have been removed, this illus- 
trious act of self-devotion to the best interests of 
his country, will be conspicuous amid the manifold 
merits of a public life, throughout distinguished for 
magnanimity and virtue. 



CHAPTER XXIII. 



Mr. Van Bcren is nominated minister to tJie Court of 
St. James. The rejection of his nomination by the 
Senate. Extract from his instructions to Mr. Mc- 
Lane. Correspondence of the republican memhers of 
the Legislature of New York with the President, on 
the rejection of Mr. Van Bur en. 

The unimpaired confidence of General Jackson, 
in the abiUties and integrity of ]SIr. Van Burcn, was 
manifested, immediately upon his withdrawal from 
the Department of State, by pressing upon his ac- 
ceptance the mission to the Court of St. James. 
Mr. McLane had already, by his own request re- 
ceived leave to return home, the leading object of 
his mission having been accomplished. In urging 
the acceptance of this appointment, the President 
had in view the adjustment of a matter of the great- 
est public interest. The delicate questions respect- 
ing blockades, the impressment of seamen, and 
the right of search, which occasioned the late war 
with Great Britain, were not adjusted by the trea- 



334 THE LIFE OP 

ty of Ghent. The time appeared favorable for 
calHng the attention of Great Britain to these 
topics ; and the President was anxious to de- 
pute upon tliis difficult negotiation, a diplomatic 
agent of such dignity of character at home, and 
eminence abroad, as would evince the deep impor- 
tance he attached to the objects of the mission. 
Mr. Van Buren's great experience in political af- 
fairs, his intimate knowledge of all our foreign re- 
lations, liis sagacity, firmness, and self-possession ; 
his high sense of national honor, and his well-tried 
patriotism, combined to designate him as the most 
proper person to manage these important interests. 

Contrary to the earnest advice of his personal 
and political friends, who were anxious to retain 
him in the coimtry, at that crisis, Mr. Van Buren 
yielded to the importunity of the President, and 
embarked for England. He arrived there, in Sep- 
tember 1831 ; and was received, with distinguish- 
ed favor, by the court of St. James. 

Whether success would have crowned the ef- 
forts of Mr. Van Buren, it is impossible to say ; as 
in the midst of a negotiajLion, commenced under 
favorable auspices, he was recalled by the most 
reckless and unexampled act of poHtical proscrip- 
tion, to be found in histoiy. His nomination was 
submitted to the Senate, on the 7th of January 
1832 ; and on the 26th of the same month, reject- 
ed, by the casting vote of the Vice President. 

It is almost superfluous to review the gromids 
of this most reprehensible and factious act, since 



MARTIN VAN BUREN. 335 

it lias received the emphatic condemnation of the 
American people. 

Three rival candidates for the Presidency, then 
held seats in tlie Senate. When General Jack- 
son was nominated, by the Legislature of Ten- 
nessee, for that high office, and had determined 
to yield to the wishes of his friends in becoming a 
candidate, he immediately resigned his seat in the 
Senate of the United States, to avoid any imputa- 
tion of exerting his official influence in his own be- 
half. Not so the famous triumvirate who proscri- 
bed a rival, in Mr. Van Buren. Representing the 
conflicting interests of the north, the south, and the 
west ; opposed to each other on many of the car- 
dinal principles of the government ; violent antago- 
nists in personal and political matters ; they agreed 
and co-operated, only, in the single act, of attempt- 
ing to crush a dreaded rival. His rapid progress in 
the favor of the public alarmed them : and it was 
their malignant, but vain hope, by a single act of 
violence, to hurl him from his lofty station and 
plunge him into obscurity. 

The pretence for this high handed measure, so 
tlishonorable to its participators, so injurious to the 
public interests, and so unjust to the individual con- 
cerned, was tlie tenor of his instructions to Mr. 
McLane, with regard to the West India trade. 
The state of that negotiation, at the time when 
Mr. Van Buren was appointed Secretary of State, 
has been briefly set forth in the foregoing chajHer- 
The vacillating, time serving, and indiscreet policy 



336 THE LIFE OF 

of the former administration, had resulted in an 
entire loss of this important branch of trade, and 
had so disgusted the British government, that 
they had refused even to entertain further negotia- 
tion. The policy of that administration had been 
loudly condemned by the American people ; and 
those who were responsible for it, were hurled from 
power, by the public voice. Mr. Van Burcn, in 
entering upon the charge of our foreign relations, 
set about endeavoring to regain this important 
branch of commerce. Abandoning the manage- 
ment and duplicity which had hitherto characteri- 
zed our foreign intercourse on this point, he met 
the question with the plainness of one who was 
conscious he was on the right ground, and the firm- 
ness of one who was determined to maintain it. 
He uttered the voice of the American people, 
in avowing his disapprobation of the course be- 
fore pursued ; and frankly assured our ally, that 
the administration of which he was a member, 
would not be guided by a policy so contracted and 
illiberal. 

His instructions on this point, which were the 
ostensible reasons for rejecting his nomination, are 
in the following words : 

" Such is the present slate of our commercial relations 
with the British colonies; and such the steps by which 
v/e have arrived at it. In reviewing the events which 
have preceded, and more or less contributed to, a result so 
much to be regretted, there will be found three grounds 
upon which we are most assailable ; 1st, in our too long 
and (00 tenaciously resisting the right of Great Britain to 
impose protecting duties in her colonies;" 2nd. &.r. 



MARTIN VAN BUREN. 337 

"The opportuuities which you have derived from a 
participation in our public councils, as well as other sour- 
ces of infornialioD, will enable you to speak with confi- 
dence, (as far as you may deem it proper and useful so 
to do,) of the respective parts taken by those to whom 
tlie administration of this government is now committed, 
in relation to the course heretofore pursued upon the sub- 
ject of the colonial trade. Their views upon that point 
have been submitted to the people of the United States; 
and the counsels to which your conduct is now directed 
are the result of the judgment expressed by the only- 
earthly tribunal to which the late administration waa 
amenable for its acts. It should be sufficient that the 
claims set up by them, and which caused the interruption 
of the trade in question, have been explicitly abandoned 
by those who first asserted them, and are not revived by 
their successors. If Great Britain deems it adverse to 
her interests to allow us to participate in the trade with 
her colonies, and finds nothing in the extension of it to 
other to induce her to apply'the same rule to us, she will, 
we hope, be sensible of the propriety of placing her re- 
fusal on those grounds. To set up the acts of the late 
administration as the cause of forfeiture of privileges 
which would otherwise be extended to the people of the 
United States, would, under existing circumstances, be 
unjust in itself, and could not fail to excite their deepest 
sensibility. The tone of feeling which a course so unwise 
and untenable is calculated to produce, would doubtless 
be aggravated by the consciousness that Great Britain 
has, by order in council, opened her colonial ports to 
Russia and France, notwithstanding a similar omission 
on their part to accept the terms offered by the act of 
July 1835. You cannot press this view of the subject too 
earnestly upon the consideration of the British Ministry. 
It has bearings and relations that reach beyond the im- 
mediate question under discussion. 

"I will add nothing as to the impropriety of suffering 
any feelings, that find their origin in the past pretensions 
of this government, to have an adverse influence upon the 
present conduct of Great Britain." 

It is unnecessary to examine these instruc- 
tions in detail : they may be left, without com- 
ment, to the judgment of the plainest understand- 
29 



338 THE LIFE OF 

ing. They are marked by a tone of blunt com- 
mon sense and patriotism, which cannot be pervert- 
ed or misconstrued. There is not the slightest trace 
of a cringing or unpatriotic sentiment, to be found 
in them. The true ground of the odium, entertained 
against them and their author, was, that they had 
been successful. The former administration had dis- 
gracefully failed in the negotiation ; Mr. Van Buren 
had conducted it with complete success. It 
was desirable, in the eyes of his factious oppo- 
nents, to cloud the brilliancy of this success, and to 
sully, if possible, the splendor of his well earned 
fame. It was desirable, if possible, not only to 
plunge him into mortifying retirement, but to aim a 
blow at the feelings and policy of the President ; 
to disgrace his previous successful negotiations, and 
check the expected consummation of those he was 
then so much intent on bringing to a conclusion. 
In the latter object they succeeded. They post- 
poned the adjustment of important rights, at a mo- 
ment peculiar^ favorable for obtaining their ac- 
knowledgment ; they were not equally successful in 
crushing their rival, but their violent act recoiled 
upon themselves. 

The palpable injustice of rejecting Mr. Van Bu- 
ren is rendered more conspicuous, by the fact that 
these very instructions had previously been laid be- 
fore the Senate, and had excited no remark ; that 
the minister who was nominated and acted under 
them, had been approved and confirmed by the 
same Senate ; that the treaty which was formed by 



MARTIN VAN BUREN. 339 

that minister, under these very directions, had also 
received the sanction of the Senate, and that, so 
far from reprehending the foreign functionary for 
acting in compliance with these directions, he had 
upon his return from England, been confirmed in 
his nomination to the office of Secretary of the 
Treasury. 

Why were not objections raised to these instruct- 
ions at an earlier period ? Why was the minister 
approved who acted under them ? Why was the 
treaty accepted which was formed in conformity 
to them ? These questions cannot be answered 
without clearly disclosing the fact, that neither pat- 
riotism, nor a sense of duty, nor a tender regard 
for the public weal, were the true causes of Mr. 
Van Buren's rejection. It is too clearly apparent 
that political hate and the base design to traduce 
an absent rival, w^ere the real grounds of the harsh 
and unprecedented rejection of the nominee. 

In this light it was viewed by the great body of 
the American people. A murmur of indignation 
arose from every quarter of the Union ; public 
meetings were held, resolutions adopted, and de- 
nunciations leveled against this high handed prosti- 
titution of the Senatorial prerogative, to the pur- 
poses of political hatred and personal ambition. 

The republican members of the Legislature of 
New York, addressed a letter to the President, ex- 
pressuig in the strongest language, their indignation 
at the proscriptive act of the Senate, and their high 
respect for the public and private character of Mr. 



340 THE LIFE OF 

Van Buren. The following extracts from the re- 
ply of the President, present a complete vindica- 
tion of his character, in regard to this matter, from 
the lips of one, who, during a long life, has never 
been known to sacrifice the principles of truth to 
the strongest personal interests or attachments. 

"I owe it to the late Secretary of Slate, to myself, and 
to the American people, on this occasion to state, that as 
far as is known to me, he had no participation whatever 
in the occurrences relative to myself and the second offi- 
cer of the government, or in the dissolution of the late 
cabinet ; and that there is no ground lor imputing to him 
the having advised those removals from office which, in 
the discharge of my constitutional functions, it was 
deemed proper to mal^. During his continuance in the 
cabinet, his exertions were directed to produce harmony 
among its members ; and he uniformly endeavored to sus- 
tain his colleagues. His final resignation was a sacrifice 
of official station to what he deemed the best interests of 
the country. 

" Mr. McLane, our then minister at London, having 
previously asked permission to return, it was my own 
anxious desire to commit the important points remain- 
ing open in our relations with Great Britain, to a succes- 
sor in whose peculiar fitness and capacity I had equal 
confidence: and to my selection, Mr. Van Burcn yielded 
a reluctant assent. In urging upon him that sacrifice, I 
did not doubt that I was doing the best for the country, 
and acting in coincidence Avith the public wish ; and it 
certainly could not have been anticipated that, in the 
manner of successfully conducting and terminating an 
important and complex negotiation which had previously 
received the sanction of both houses of Congress, there 
would have been found motives for embarrassing the ex- 
ecutive action and for interrupting an important foreign 
negotiation. 

"I can never be led to doubt, that, in the instructions 
under which that negotiation relative to tl>e trade with 
the British West Indies was conducted and successfully 
concluded, the people of the United States will find noth- 
ing either derogatory to the national dignity and honor, 
or improper for such an occasion. 



MARTIN VAN BUREN. 341 

" Those parts of the instructions which have been used 
to justify tlie rejection of Mr. Van Buren's nomination by 
the Senate of the United States, proceeded from my own 
su^g'estion: were the result of my own deliberate investi- 
gation and reflection ; and now, as when they were dic- 
tated, appear to me to be entirely proper and consonant 
to my public duty. 

" I feel, gentlemen, thai I am incapable of tarnishing 
the pride or dignity of that country whose glory, both in 
the field and in the civil administration, it has been my 
object to elevate : and I feel assured that the exalted atti- 
tude which the American people maintain abroad, and 
the prosperity Avith which they are blessed at home, fully 
attest that their honor and happiness have been unsullied 
in my hands." 

The rejection of Mr. Van Buren was the first, 
in a long series of factious measures, which have 
unfortunately found support in the Senate of the 
United States, and which terminated in the uncon- 
stitutional denunciation of the President himself. 
These acts, into which one important department 
of the government has been hurried, by a coalition 
whose only bond of union, and apparently whose 
only rule of action, is hatred to the President and 
Mr. Van Buren, have shaken the confidence of the 
community in that provision of our constitution, 
which renders any portion of the public servants 
so long independent of the will of their masters, 
the people. 



29' 



CHAPTER XXIV 



Nomination of Mr. Van Buren to the Vice Presidency 
of the United States. His election to that office. His 
sentiments on the interference of the General Govern- 
ment and of the free states, with the qiiestion of slave- 
ry. 

When some one, in the presence of Fouche, 
denounced the execution of the Duke D'Enghein 
as a guilty act of Napoleon : " Nay sir," said that 
arch politician, " it was worse, it was a gross polit- 
ical blunder !" Both censures apply to the rejec- 
tion of Mr. Van Buren by the Senate of the Uni- 
ted States, It was a most unjust and unwarrant- 
able act, and a gross political blunder. It received 
at the hands of the American people, the rebuke 
which its enormity merited. 

On the 22d of May, 1832, Mr. Van Buren was 
nominated as a candidate for the Vice Presidency 
by a convention of the democracy of the Union, 



344 THE LIFE OF 

assembled at Baltimore, and at the same time with 
the re-nomination of General Jackson to the Pres- 
idency. The nomination was received with ac- 
clamation by the republican party, throughout the 
Union. In the election which succeeded, the can- 
didates were successful. Of tivo hundred and 
eighty six electoral votes, General Jackson re- 
ceived two hundred and nineteen, and Mr. Van 
Buren one hundred and eighty nine. Thirty elec- 
toral votes in Pennsylvania, which were given for 
General Jackson as President, were given for Wil- 
liam Wilkins as Vice President. 

History rarely presents so splendid an example of 
retributive justice, as appears in the election of Mr. 
Van Buren to the Vice Presidency. Him whom the 
Senate had adjudged unfit to represent the nation in 
a foreign court, the sovereign people honored with 
the second office in the government. Mr. Van 
Buren was indeed recalled ; not however to obscu- 
rity and disgrace, as his enemies had hoped, but to 
the affectionate hearts of his countrymen, to be 
raised, by them, to the lofty station occupied by 
him whose especial vengeance had been wreaked 
upon his rival ; to preside over that very body who 
had sought, in his absence to tarnish his honor. 
How complete the triumph ! How just the retri- 
bution ! It realized the ideal standard of poetic 
justice. It rebuked a faction, and rewarded, ac- 
cording to his deserts, a patriot ! 

Mr. Van Buren was inaugurated, as Vice Presi- 
dent, on the 4th of March 1833. The first exer- 



MARTIN VAN BUREN. 345 

cisc of his duties as presiding officer of the Senate, 
was at the session of Congress near the close of 
that year. 

In that capacity, he has had the good for- 
tune to escape the censure of all parties. Since 
his election to the Vice Presidency, his opin- 
ions have been publicly declared on two occa- 
sions of considerable interest. One of these was 
the question of chartering a national bank in 
New York with such restrictions in its charter as 
to remove objections which are made to the pre- 
sent bank. His decided disapprobation of this 
measure was expressed in his letter to a friend 
already embodied in the present work. 

The other subject is the riglU of interference 
with the existence of slaveiy, by the General 
Government, or by the people of the non-slave 
holding states. The following documents exhibit 
the sentiments of Mr. Van Buren on this ques- 
tion. The first is a letter addressed by him, to 
Mr. Samuel Gwin of Mississippi, and subsequent- 
ly published in the Richmond Enquirer. 

"Washington, July 11, 1834. 

Dear Sir : I owe you an apology for not having sooner 
acknowledged the receipt of your obliging letter of JiGth 
May. My opinions on the subject of the power of Congress 
over slave property in the Southern States, ara so well un- 
derstood by my friends, that 1 aui surprized that an at- 
tempt to impose upon the public respecting them should 
be hazarded. 

The subject is, in my judgment, exclusively under the 
control of the state governments ; and I am not apprised, 
nor do I believe that a contrary opinion, to an extent 
deserving consideration, is entertained in any part of the 



346 THE LIFE OF 

United States. The charge, therefore, to which you have 
had the goodness to call my attention, that I 'am in fa- 
vor of an interference by Congress, in manumitting your 
slave proprety,' is destitute of foundation : so far from it, 
I do not see on what authority the General Government 
could interfere, without a change of the constitution, 
even at the instance of either or of all the slave holding 
States. 

With great respect, and regard, 

I am, dear sir, very truly, yours, 

M. VAN BUREN. 
To Samuel Gwin, Esq., Clinton, Mississippi." 

The following letter relating to the same sub- 
ject was addressed to a gentleman in Augusta, 
Georgia, at a moment when the people of the 
slave-holding states were in a high degree excited 
at the proceedings of anti-slavery associations at 
the north. 



"OwASCo, Sept. 10, 1835. 

My Dear Sir: Your letter of the 22d ult. met me at 
this place, on my return from the Falls, and I lose no time 
in replving to that part of it which relates to the continu- 
ed attempts to prejudice my friends, as well as myself, 
in the estimation of the South in respect to the slave 
question. 

It is deeply to be regretted that there should be found, 
on the part of any, inducements sufficiently strong to in- 
crease an excitement, already so alarming, by a resort 
to imputations, in the truth of which no ingenuous mind 
can place the slightest confidence. The allegations 
which attribute to me views and opinions that are so just- 
ly obnoxious to the slave-holding states, are made in the 
face of the most explicit declarations on my part, denying 
all authority on the part of the Federal Government to in- 
terfere in the matter — against the propriety of agitating 
the question in the District of Colombia, and in the ab- 
sence of a single fact, giving the least countenance to the 
unfounded imputations. I should poorly requite the can- 
dor with which I have hitherto been treated by the great 
mass of my fellow-citizens at the south, were I to allow 
myself to apprehend that those who would otherwise be 



MARTIN VAN BUREN. 347 

disposed to give ine iheir confidence, could, under such 
circumstances, suffer me to be prejudiced in their opinion, 
by the unsupported assertions of my enemies, however 
reckless or vehemently persisted in. Were these fabrica- 
tions, therefore, designed to affect me only, I should not 
hesitate to leave the matter as it stands, to the spontane- 
ous action of my countrymen. But when it is intended 
to reach, in this way, those who honor me with their 
friendship, I do not feel myself at liberty to withhold any 
correction that may, by possibility, be useful to them. 
With this view I send you the enclosed proceedings of 
the citizens of Albany upon the subject, and authorize 
you to say, that I concur fully in the sentiments they 
advance. I was absent from the city at the time the 
meeting Avas held, but took an early occasion to advise its 
call, and to encourage the attempt to make it, what it has 
been, a meeting of the people, without reference to their 
sentiments on any other subject than that which was dis- 
cussed before it. Connected with its proceedings are to 
be found the names of our principal state officers, execu- 
tive and judicial, including the Governor of our state, 
with an array of private citizens which, for personal 
worth and weight of character, has never, to my knowl- 
edge, been excelled at any previous meeting. 

It would be presumption in me to add any assurances 
of my oAvn, as to the sincerity Avith which the sentiments 
they express are entertained, or of their disposition to 
make them effectual upon the important sul)ject to which 
they relate. 

May we not, then, hope that the proofs of an affec- 
tionate and just spirit towards the rights and interests of 
the South, which have been brought out by this hitherto 
threatening excitement, will have the effect, in future, to 
remove all unfounded impressions, and to put an end to 
every feeling and prejudice inconsistent with the princi- 
ples upon which the Union was founded? 

Earnestly cherishing this pleasing anticipation, 

I am, dear sir, verv truly, your friend and ob't. serv't, 

M. VAN BUREN." 

The leading resolutions adopted by the meeting 
alluded to in the above letter are as follows : 

''Therefore, Resolved, That we regard the constitution 
of the United States as carrying with it an adjustment 



348 LIFE OF MARTIN VAN BUREN. 

of all questions involved in the deliberations which led 
to its adoption ; and that the compromise of interests in 
which it was founded, is, in our opinion, binding in hon- 
or and good faith, independently of the force of agree- 
ment, on all who live under its protection, and participate 
in the benefits of which it is the source. 

'•'■liesoked, That under the constitution of the United 
States, the relation of master and slave is a matter be- 
longing exclusively to the people of each state within its 
own boundary; that the General Government has no control 
over it ; that it is subject only to the respective arrange- 
ments of the several states within which it exists; and 
that any attempt by the government or people of any oth- 
er state, or by the General Government, to interfere with 
or disturb it, would violate the spirit of that compromise 
which lies at the basis of the federal compact." 



CHAPTER XXV 



'JVie nominatiov. of Mr. J'aii Buren to the office of Presi- 
dent of the United States hy a national convention. 
His letter accepting the nomination. 

The Chief Magistrate of a great nation should 
combine in his cliaracter, a rare assemblage of 
high, intellectual and moral qualities. He should 
be endowed with a philosophic strength of mind, 
capable of reaching beyond formal rules, to fun- 
damental principles ; he should possess quickness 
of a{)prehension, so as to adapt his measures to 
unexpected circumstances and to the progress of 
of public opinion ; he should be equally removed, 
in his feelings, from a blind attachment to antiqua- 
ted forms, and from a spirit of useless innovation ; 
he should be blessed with a coolness and compre- 
hensiveness of judgment, which, embracing the 
present, the past, and the future, should rise, in 
the most sudden emergencies, above tempora- 
ry expedients and estimate the remote consequen- 
ces of an action ; and he should unite to these 
30 



350 THE LIFE OF 

qualities, that happy combination of discretion 
with energy, which enables its possessor to defend 
with firmness, and to concede with dignity. 

This rare assemblage of high mental endow- 
ments, the friends of Mr. Van Buren believe him, 
in an eminent degree, to possess, and their atten- 
tion has long been directed to him, as a suitable 
successor to the venerable patriot who now fills 
the Presidential Chair. The public sentiment has 
been expressed, to this purport, in various sections 
of the country, by the public press and by the 
proceedings of various public bodies. Indeed, it 
has been obvious to the most cursory observer, 
that the republican party, throughout the Union, 
have, for a considerable period of time, been fix- 
ing their hopes upon Mr. Van Buren, as best 
qualified to perpetuate those sound principles of 
policy which have guided the present administra- 
tion. 

To obtain a clear expression of the popular will, 
a national convention of delegates from the repub- 
licans in each state, was early agreed upon. This 
convention assembled in Baltimore, on the 20th 
day of May 1835. More than six hundred dele- 
gates were in attendance, and twenty-two states 
with two territories, were represented. 

Upon the first ballot, Mr. Van Buren received 
the unanimous vote of the whole assembly for the 
office of President. Richard M. Johnson was sub- 
sequently nominated for the ofllice of Vice Presi- 
dent. The letter of a committee of the conven- 
tion, announcing this nomination to Mr. Van Bu- 
ren, and his repV thereto are subjoined : 



MARTIN VAN BURRN. 351 

"May 23, 1835. 
Sir: A convention oi republican delegates from 
various parts of the Union, for the purpose of selecting 
suitable candidates for the offices of President and Vice 
President, assembled in Baltimore on the 20th instant, and 
unanimously agreed to present to their country, your 
name for that of President of the United States. We 
have been requested to communicate to you this nomina- 
tion, and ask your acceptance of the same. We take 
pleasure in performing, this duty, and respectfully solicit 
an answer at such time as may suit your convenience to 
give one. 

With sentiments of high esteem, and respect, we have 
tlie honor to bo, your obedient servants, 

A. STEVENSON, President. 
JAS. FENNER, 
EDWARD CONDICT, 
UPTON S. HEATH, 
R. STRANGE, 
J. B. NEVITT, 
FRANKLIN CANNON, 
Vice Presidents of the National Convention. 
To Martin Van Buren, Esq. of New York." 

" Washington, May 29th, 1835. 
Gentlemen : I have the honor to acknowledge the 
receipt of your letter of the 23d instant. The nomination 
you have been deputed to announce to me presents the 
only contingency, upon the occurrence of which, I could 
consent to become a candidate for tlie high office of Presi- 
dent of the United States. When my name was first as- 
sociated with the question of General Jackson's successor, 
more through the ill will of opponents than the partiality 
of friends, I determined to wait for the developement of 
the views of the republicans of the Union, and to pursue 
that course only which their unbiassed judgment should, 
finally recommend. I deemed that course to be due to 
the administration, of which I was a member — to the best 
interests of the country — and to the indivisibility of a 
political party, by the original organization of which, the 
overthrow of republican principles in the United States- 
was prevented, and upon the ascendancy of which we 
can alone depend for their preservation. To the offers of 
support which Avere at that period occasionally made to 
me from different quarters of the Union, I respectfully 
replied, that the public good, in my opinion, required the 
services of General Jackson for a second term — that tho 



352 THE LIFE OF 

agitation of the question of his successor, at thai early 
period, must of necessity embarrass the administration — 
and that it was my desire that my name shoukl not be 
connected with the subject. From that time to the pres- 
ent, I liave neither solicited the aid nor sought the sup- 
port of any man in reference to the high office for which 
I have been nominated ; unless my replies to interroga- 
tories from my fellow citizens upon public questions, and 
my sincere endeavors to make myself worthy of the re- 
spect and confidence of the American people, are liable to 
that construction. For the truth of this declaration, I can 
safely appeal to the hundreds of honorable men who com- 
posed the recent convention — to the numerous editors and 
politicians throughout the Union, Avho have distinguished 
me by their preference, and to my private correspondents 
and intimate friends, not excepting the considerable num- 
ber of persons, once my friends and associates, whom the 
fluctuations of political life have converted into opponents. 
In none of these classes, or in any other of our community, 
is there a man who can truly say, that I have solicited his 
political support, or that I have entered or sought to enter 
with him into any arrangement, to bring about the nomina- 
tion which I have now received, or to secure my elevation 
to the Chief Magistracy of my country. 

The liberal men of all parties, I trust, and you and 
those you represent, I am sure, will pardon me for having 
thus spoken of my own conduct in reference to a point 
upon which I have been the silent object of attack, as 
causeless as it has been violent and unremitted ; especial- 
ly, as I alone can answer forit in relation to all my coun- 
trymen, although thousands may be ready to ansAver in 
relation to themselves. 

Under these circumstances, the democracy of the na- 
tion, in convention assembled, having, as you inform me, 
with a degree of unanimity that I cannot too highly appre- 
ciate, pronounced me worthy of so great a trust, I cannot 
hesitate in making their wishes the rule of my conduct. I 
do, therefore, with a deep, and I hope abiding sense of the 
honoj- conferred upon me by their preference, accept the 
nomination v>-hich has been tendered to me by the con- 
vention. 

I am not aware that there is any point of interest in 
the general policy of the Federal GJovernment, in respect 
to which, my opinions have not been made known by my 
official acts — by my own public avowals, and by. the au- 
thorized explanations of my friends. If there be any such. 



MARTIN VAN BUREN. 353 

however, you may rest assured of my ready disposition to 
comply, on all suitable occasions, with the wishes of my 
fellow citizens in this regard. I content myself, on this 
occasion, with saying, that I consider myself the honored 
instrument, selected by the friends of the present adminis- 
tration, to carry out its principles and policy ; and that, as 
well from inclination as from duty, I shall, if honored with 
the choice of the American people, endeavor to tread gen- 
erally in the footsteps of President Jackson — happy, if I 
shall be able to perfect the work which he has so glorious- 
ly begun. 

It cannot be denied, that there is no country in the 
world, whose inhabitants are so well secured in their civil 
and religious rights, and enjoy so large a share of prosper- 
ity and happiness, as the people of the United States. 
For this, they are indebted less to salubrity of climate 
and fertility of soil, than to our excellent system of 
government ; by which, more than any other, every man 
is protected in the application of his powers and faculties 
to his own benefit. That dissatisfaction should neverthe- 
less occasionally arise, even under the best administra- 
tion of a system capable of producing such happy results, 
is not to be wondered at. Until the wit of man shall be 
able to devise some plan of Representative Government, 
by which all who think themselves qualified, may be, at 
the same time, admitted to a participation in the adminis- 
tration of its affairs, we must not expect to be relieved 
from the spirit of complaint, (5r even surprised to find it 
most vehement at a period of the greatest prosperity. 
But between partisan complaints as to the management 
of our government, or even diversities of opinion in rela- 
tion to the wisdom of supposed improvements in the 
details of its construction, and a desire to undermine and 
overthrow it, there is an itrmieasurable difference. Whilst 
the one can, at worst, but produce partial and temporary 
obstructions in the public service, success in the other 
would inevitably plunge our country, from its present lofty 
eminence, into an abyss of anarchy and ruin. 

We hold an immense stake for the weal or wo of man- 
kind, 10 the importance of which we should not be in- 
sensible. The intense interest manifested abroad in 
every movement here, that threatens the stability of our 
system, shows the deep conviction Avhich pervades the 
world, that upon its fate depends the cause of Republican 
Government. The advocates of monarchical systems 
have not been slow in perceiving danger to such institu- 
30* 



354 LIFE OF MARTIN VAN BUREN. 

fions in the permanency of our Constitution, nor backward 
in seizing upon every passing event by which tlieir pre- 
dictions of its speedy destruction could be in any degree 
justified. Thus far, they have been disappointed in their 
anticipations, and the circumstances by which they were 
encouraged, however alarming at the time, have in the end 
only tended to show forth the depth of that devotion to the 
Union, which is yet, thank God ! tlie master passion of 
the American bosom. 

Thoroughly convinced that the overthrow of our pres- 
ent constitution and the consequent destruction of the 
confederacy which it binds together, would be the great- 
est sacrifice of human happiness and hopes that has ever 
been made at the shrine of personal ambition, I do not 
hesitate to promise you, that every etfort in my power, 
whether in public or private life, shall be made for their 
preservation. The father of his country, foreseeing this 
danger, warned us to cherish the Union as the palladium 
of our safety, and the great examplar of our political faith, 
Thomas Jefferson, has taught us, that to preserve that 
common sympathy between (he states, out of which the 
Union sprang, and which constitutes its surest foundation. 
we should exercise the powers Avhich of right belong to 
the General Government, in a spirit of moderation and 
brotherly love, and religiously abstain from the assump- 
tion of such as have not been delegated by the Consti- 
tution. 

Accept gentlemen, my thanks, for the kind manner in 
which you have performed the duty assigned to you, and 
believe me to be, very sincerely, your friend and obedient 
servant. ' M. VAN BUREN. 

To Andrew Steven.son, Esq. President, and 

James Fennek, 

Edward Condict, 

Upton S. Heath, 

Robert Strange, 

J. B. Nevitt, and 

Franklin Cannon, Esqrs. 
Vice Presidents of the late National Convention." 



CHAPTER XXVI. 



CONCLUSION. 



In the foregoing pages, the writer has attempted 
to present an accurate and full view of the per- 
sonal history of Mr. Van Buren, and a clear ex- 
position of his political opinions. The firm belief 
of the writer in the most ultra democratic doc- 
trines, and his partiality towards the subject of 
this narrative as the champion of those doctrines, 
he has not any where atfected to conceal. No 
doubt this strong bias of his mind has led him to 
take views of certain public events, widely differ- 
ent from those which are entertained by persons 
of an opposite political faith. He has, however, 
strenuously endeavored not to distort, conceal or 
misrepresent, facts. The incidents of Mr. Vaii 
Buren's life have been fairly stated, and his opin- 
ions fully displayed. Every reader is at liberty to 
connect with them such sentiments of approval or 
reprobation as they may seem to require. 

" Hanc veniam damus, petimusque vicissim." 



35G THE LIFE OF 

The narrative has exhibited the son of a humble 
farmer, rising through the several grades of pro- 
fessional and political promotion, to the second 
office in the government. The friends of Mr. 
Van Buren ascribe this remarkable elevation to 
superior ability and virtue ; his enemies charge it 
to intrigue and accident. It appears, however, to 
be universally admitted, that he is endowed with 
extraordinary abilities of some kind. This con- 
cession has, at length, been extorted from the most 
unwilling lips. During many of the earliest years 
of his public life, he was denied, not only honesty, 
but ability. In regard to the latter endowment, 
the mouth of calumny has been effectually stop- 
ped. Mr. Van Buren, in the course of his long 
political career, has always shown himself fully 
equal to the various stations he has held, and the 
severe responsibilities which have been devolved 
upon him. At each successive step in his advance- 
ment, his enemies have predicted his failure, but 
the result has covered themselves with confusion. 
He has never failed to meet the highest expecta- 
tions of his friends and has not unfrequently sur- 
passed them. His ability, therefore, to administer 
any office in the government, both in respect of 
natural parts and acquired knowledge, is no longer 
a matter of doubt. His past success amounts to 
demonstration on this point. 

With regard to his integrity and patriotism, and 
the accordance of his political principles with the 



MARTIN VAN BUREN. 357 

true interests of the country, a similar unanimity 
of opinion cannot, in the present generation, be 
expected. The great body of the people, how- 
ever, appear to entertain perfect confidence in 
these qualities of his mind and character. Still, it 
is the theory of not a few, that the people are un- 
able to judge rightly on these points, and that 
their singular attachment to Mr. Van Buren, as well 
as to President Jackson, is the result of blind preju- 
dice, excited by appeals to their worst passions. 

It is probably useless to remonstrate with men 
who entertain such views ; nature has so made 
them that they are not open to conviction from ar- 
guments which satisfy the great body of their fel- 
low men. Still, it may not be amiss to advert to 
one or two facts, strongly tending to show that 
their belief in the credulity of the people is ill- 
founded and unjust. 

If the great mass of the community are led by 
sophistry and the artful representations of ingeni- 
ous men, how happens it that their opinions are 
formed to their present standard ? It may be 
safely stated that two thirds of the public presses 
in this country, are opposed to the principles of 
the present administration. The periodical re- 
views and literary journals lean against the demo- 
cratic cause without a single exception. Public 
seminaries of instruction, the learned professions 
and a vast preponderance of the literary and ora- 
torical talent of the country, are under the same 
bias. English literature so extensively circulated 
among us is pervaded by the same principles. 



358 THE LIFE OF 

Wealth, fashion and inherited distinction are, to a 
great extent, arrayed against the democratic cause. 
How then does it happen that the people are guid- 
ed by opposite sentiments 1 If they may be im- 
posed upon by plausible demagogues, or cajoled 
by flattery, or alarmed by exaggeration, or blindly 
led by example, why has the unceasing application 
of all these means, by the horror-stricken enemies 
of popular misrule, hitherto failed to produce its 
natural eftect ? 

The true answer to this question is, that the 
great mass of the American people are not so 
meanly endowed and so unhappily constituted. 
There is an honest love of truth, a blunt native 
judgment, a piercing sagacity, in the great mass of 
the people, which cannot be widely led astray 
from the principles of truth, patriotism and virtue. 
The demagogue can never meet the approbation 
of these sentiments. Intrigue and hollow-hearted 
patriotism wither before them. They are at- 
tracted, instinctively, by the capable and honest 
public servant; they recoil from the political gam- 
bler. 

One would think that the experience of the past 
would have taught designing politicians, that the 
combined influence of unbounded wealth and a 
partizan press can never turn public sentiment, 
for any considerable period, from the channel of 
truth. 

The democratic usage, of selecting those men for 
office who will faithfully express the will of the peo- 
ple, leads to that coincidence of sentiment, between 



MAIITIN VAN BUREN. 359 

republicans and their ])ul)lic agents, which is chrr- 
acterized by their opponents as scrvihty. It is 
illustrated in the example of General Jackson. 
The leading measures of his administration have 
been ardently approved by the democracy. This 
results it is said, from blind attachment to a leader, 
without the capacity to form a just judgment of 
his public measures. The democratic party, it is 
alledged, are so organized and drilled by the artful 
partizans of the President, as to follow him, whith- 
er soever he may lead. 

But the true cause of the surprizing harmony 
which exists between the President and the peo- 
ple, is either not understood by the anti-democratic 
party or is misrepresented. The truth is, that the 
President has been sustained in his measures, be- 
cause they have all been based upon a careful 
observation, and thorough knowledge, of the popu- 
lar will. The President has had the sagacity to 
observe the sentiments of the great body of the 
people and the integrity and firmness to carry 
them into effect. He has collected and embodied 
the wishes of the people ; he has felt himself, con- 
stantly, to be their agent and minister ; and if he 
has seemed to lead public opinion, it has been be- 
cause he is endued with a penetration which has 
enabled him to foresee its current, and by throw- 
ing himself at its head, to bring its full force to sus- 
tain him. Guided by the fundamental principle, 
that the will of the majority should, in all cases, con- 
trol, he has never attempted to defeat that will. 
He has earnestly endeavored to ascertain the 



360 THE LIFE OF 

wishes of his constituents, and having asceitahied 
them, he has labored, with astonishing firmness, 
vigor and capacity, to carry them into effect. 
This is the source of that attachment which binds 
the heart of every true rcpubhcan to the great po- 
htical father of the democracy. Many a plain 
farmer or mechanic, reflecting amid his solitary 
labors, on the " Great American System," the 
Bank, and other deeply contrived measures of 
general policy, and gradually forming his own 
mind into a clear view of their bearing upon the 
interests of the country, has been astonished to 
find a veto message or proclamation, from the 
chief magistrate of the nation, suddenly lighting up 
his mind, unlocking as it were his own secret 
thoughts, coinciding with his own internal convic- 
tions, but displaying them with such clearness and 
strength as to leave him no longer in doubt. He 
sees that the President has reasoned as he is 
reasoning, but with greater rapidity and vigor ; he 
feels that the breast of the President beats in 
unison with his own ; that he is truly one of the 
people, identical in his wishes and feelings with 
the plain farmer at the plough. It is impossible 
for him not to repose confidence in such a man 
and fasten affection upon him. It is evident that 
the same sympathetic cord, which binds the hearts 
of true republicans to each other throughout the 
Union, unites them all to their firm and faithful 
friend at the head of the government. 

The foregomg narrative has exhibited the politi- 
cal views and public lile of Mr. Van Buren ; and 



MARTIN VAN BUREN. 361 

from thence, it may be possible to conjecture, 
whether he will succeed to that place in the confi- 
dence of the people, wliich is occupied by the pre- 
sent Chief Magistrate of the nation. It only re- 
mains for the writer to add, that the private char- 
acter of Mr. Van Buren is above all censure or 
suspicion. In the relations of father and son, of 
husband, brother, and friend, he has always dis- 
played those excellencies of character and feeling 
which adorn human nature. His delicate kind- 
ness to the partner of his bosom, while her life was 
spared, his filial devotion to his parents, his gene- 
rous affection for the whole circle of his rela- 
tives, are attractive traits in his character, on 
which, did propriety permit, the writer would glad- 
ly dwell. Extending our view to the larger circle 
of his personal friends, rarely has any man won a 
stronger hold upon the confidence and affection of 
those with whom he has been connected. The 
purity of his motives, his integrity of character, 
and the steadiness of his attachments, have always 
retained for him, the warm aftection of many, even 
among the ranks of his political opponents. 

Mr. Van Buren has ever been an exemplary 
and strict observer of those moral rules which 
are essential to the well-being and decorum 
of society. He has never sought to display the 
strength of his mind by daring infractions of 
wholesome institutions, which arc by some regard- 
ed as a rule of conduct only for ordinary under- 
standings. Notwithstanding his long connection 
31 



362 THE LIFE OF 

with the most exciting poHtical questions and con- 
flicts, he has avoidecl those personal rencontres, in- 
to which pohtical leaders are too often, almost by 
necessity, drawn. Not the slightest stain rests up- 
on the purity of his moral character ; it has been 
so bright and unsullied, that calumny has seldom 
ventured to assail it. 

The ease and frankness of his manners, his feli- 
citous powers of conversation, and the general 
amiableness of his feelings, render him the orna- 
ment of the social circle. Uniting in his character 
firmness and forbearance ; habitual self-respect 
and a delicate regard for the feelings of others ; 
neither the perplexities of legal practice, nor the 
cares of public life, nor the annoyances of party 
strife, have ever been able to disturb the serenity 
of his temper, or to derange for a moment the equa- 
nimity of his deportment. He has with equal pro- 
priety, mingled in the free intercourse of private 
life and sustained the dignity of official station. 
Amid the most violent party conflicts, he has re- 
tained the personal respect of those opponents, 
who have personally known him, and not unfre- 
quently their confidence and friendship. 

As a pohtician, his course, though decided and 
imyielding, has always been liberal, open and hon- 
est. No instance of bad faith, no example of 
double-dealing, no act of duplicity or disingenu- 
ousness has ever been fastened upon his political 
character. His friends challenge the severest 
scrutiny on this point, and invite the most unscru- 
pulous exposure. He has himself done so, in his 



MARTIN VAN.BUREN. 363 

acceptance of the Baltimore nomination. Surely, 
amid vigilant enemies and treacherous friends, the 
means of proof must exist, if there be any instance 
of intrigue or secret management in his public hfe. 
The public will not be satisfied with vague, gene- 
ral charges ; proof must be given of specific acts. 
By such proof alone, can his enemies gain the pub- 
lic ear ; it has been too often temporarily deluded 
by empty and false accusations. Without such 
proof, the common sense of mankind ^vill be slow 
to believe that his regular and steady progress^ to- 
wards the highest honors of the government, 
through a long course of public service, is ascriba- 
ble to the low artifices of duplicity and cunning. 
Such a supposition, implies too harsh an imputa- 
tion upon the penetration and virtue of the nation 
to be for a moment admitted. His success as a 
political leader, will, rather, continue to be ascrib- 
ed to the superiority of his genius, the extent of 
his attainments, the intrinsic excellence of his char- 
acter, and his admirable knowledge of men. His 
clear perception of truth, his predominating good 
sense, the honesty of his own motives, and his sa- 
gacity in detecting the motives of others, have in- 
deed endowed him with a rare talent of harmoni- 
zing, concentrating, and directing the varied feel- 
ings and exertions of the members of a great par- 
ty. It is a talent which characterizes true great- 
ness, and is as far removed from the intrigue and 
cunning of low politicians, as is the lofty ambition 
of the patriot from the mean self-exaltation of the 
demagogue. 



364 LIFE OP MARTIN VAN BUREN. 

In personal appearance, Mr. Van Buren is about 
the middle size ; his form is erect and slender, 
but is said to be capable of great endurance. His 
features are animated and expressive, especially 
the eye, which is indicative of quick apprehension 
and close observation ; his forehead exhibits, in its 
depth and expansion, the marks of great intellectu- 
al power. The physiognomist would accord to him 
penetration, quickness of apprehension, and benev- 
olence of disposition. The phrenologist would add, 
unusual reflective faculties, firmness, and caution.* 

If the advancement of Mr. Van Buren be desti- 
ned to terminate at the present point, he will 
leave behind him a reputation which rarely falls to 
the lot of any man. To have risen from the hum- 
ble walks of Ufe, in times of peace, by his own un- 
aided exertions, to the second office in the gift of 
of a great nation, will be fame enough to satisfy 
reasonable ambition. " The past, at least, is se- 
cure." He has already raised a monument of his 
genius and exertions, which will defy the corrod- 
ing tooth of time. He has enrolled his name 
among the most illustrious statesmen of the asre and 
nation. He has illustrated, in his own example, 
the happy nature of our institutions, which afford 
so free a field for the expansion of talent, however 
humble its origin, and which insure to integrity and 
perseverance, a just and generous reward. 



* The portrait engraved for this voUmie, by an artist of well 
known eminence, is from a picture of Inman, painted for the cor- 
poration of tiie city of New- York. 



31|77-2 



